BEFORE THE HON’BLE
NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH
IA No. (IBC) 711/KB/2025
in
CP (IB) No. 2137/KB/2019
IN THE MATTER OF:
Samskar Financial Services Private Limited … Financial Creditor
Versus
Roofers Infrastructure India Private
Limited … Corporate Debtor
AND IN THE MATTER OF:
Tapan Chakraborty … Resolution Professional / Applicant
Versus
- Hirak
Nath Sounth … Respondent No. 1
- Jayanti
Sounth … Respondent No. 2
AFFIDAVIT
IN REPLY ON BEHALF OF RESPONDENT NO. 1
I, Hirak Nath Sounth, Son of Late
Khudiram Sounth, aged about 49 years, by faith Hindu, by Occupation unemployed,
residing at Diamond Towert, Jhapetapur, Kharagpur, Midnapur West, Pin –
721301, presently Suspended Director of Roofers Infrastructure India
Private Limited, holding Director Identification Number (DIN) 01642164,
do hereby solemnly affirm and state as follows:
- I
am the Respondent No. 1 in the present application and being conversant
with the facts and circumstances of the case, I am competent to swear this
affidavit in reply.
- I
deny and dispute all allegations, statements, submissions and averments
made by the Applicant in the application under Section 19(2) of the
Insolvency and Bankruptcy Code, 2016 (“IBC”), save and except what are
specifically admitted herein.
- I
say that the Corporate Debtor, Roofers Infrastructure India Private
Limited, has been a non-active company since the Financial Year
2011–12, with no business activity, operations, or transactions for
more than a decade.
- I
say that the company exists only on paper and has had no effective
functioning since 2012. There is no registered office address or
functional office at present.
- I
say that the company does not own or possess any movable or immovable
property whatsoever. It has been effectively defunct for over ten years.
- I
do not possess any books of account, statutory records, documents, or
information relating to the company, as none are in my custody or control.
- I
say that the affairs of the company, along with other associated
companies, are under the supervision of the One-Man Committee headed by
Hon’ble Justice Sailendra Prasad Talukdar (Retd.), constituted on 01.02.2016.By
order dated 14.09.2017, passed by the Hon’ble High Court at
Calcutta in W.P. No. 24057(W) of 2015, the said Committee also took
charge of M/s. Roofers Infrastructure India Private Limited and its
associated concerns, which included oversight of matters relating to the
present Corporate Debtor. Consequently, all affairs of the alleged company
are now being supervised and handled under the directions of the Hon’ble
High Court.
Photostat
copy of the order dated 14.09.2017, passed by the Hon’ble High Court at
Calcutta in W.P. No. 24057(W) of 2015, is annexed herewith and marked as Annexure – “A”.
- I
say that a winding up proceeding under Sections 271 and 272 of
the Companies Act, 2013 has already been initiated by the Registrar
of Companies, West Bengal, against Roofers Infrastructure India
Private Limited, being CP/306(KB)/2021, which is presently
pending before Hon’ble Bench–II, NCLT Kolkata, with the next date
of hearing fixed on 23.09.2025. In the said proceeding, IDBI
Bank has entered appearance as an Intervener.
Photostat
copy of available daily orders are annexed herewith collectively and marked as Annexure – “B”.
- I
say that the Central Bureau of Investigation, EO-IV, Kolkata, has
registered FIR No. RC-9/E/17-EOIV-Kol., dated 25.05.2017 under
Sections 120B, 420, 467, 468, 471 IPC against Roofers Group of
Companies, including the present Corporate Debtor.
Photostat
copy of the said CBI FIR is annexed herewith and marked as Annexure – “C”.
- I
say that Multiple recovery and criminal cases are also pending against the
company, inter alia:
(i)
O.A. No. 415 of 2015 (IDBI Bank vs.
Roofers Infrastructure India Private Limited), pending before Hon’ble
DRT, Kolkata – I, wherein a Recovery Certificate has been sought;
(ii) CBI
Case No. 08 of 2017 at the behest of IDBI Bank against the
Corporate Debtor and others, pending before the Learned 22nd Judicial
Magistrate, Bankshall Court, Kolkata;
Photostat
copy of the Case Status are annexed herewith collectively, and marked as Annexure – “D”.
11.
I say that the Corporate Debtor is
already subject to multiple statutory, criminal, and recovery proceedings,
which are being monitored and adjudicated upon by competent judicial fora.
12.
In view of the above facts, I reiterate
that there is no scope for me to withhold or conceal any records, since
the company has been inactive and under judicial/committee supervision for
several years.
13.
I say that any allegation of
non-cooperation is wholly false, vague, and baseless, particularly when
I am not in possession of any books, assets, or records of the company.
14.
I say that the existence of ongoing winding
up, criminal, and recovery proceedings further establishes that the affairs
of the company are already under statutory/judicial control, leaving no scope
for any concealment or obstruction from my side. Section 19(2) of the IBC
mandates cooperation of suspended directors with the RP. I submit that I have
not failed in any statutory duty, and there is nothing more I can produce or
hand over.
15.
I say that the present application is
not maintainable, being based on conjecture, and ignores the fact that the
company has long been inactive, defunct, and already subject to multiple
pending proceedings. No adverse order ought to be passed against me in these
circumstances.
In
view of the above, it is most respectfully prayed that this Hon’ble Tribunal
may be pleased to;
a) Dismiss
the present application filed against me under Section 19(2) of the IBC;
b) Hold
that I have duly complied with all obligations of cooperation and that there
exists no record, asset, or document in my possession;
c) Take
note of the fact that the company is already under multiple judicial and
statutory proceedings, including winding up before NCLT, CBI investigations,
and recovery cases before DRT and criminal courts;
d) Pass
such further order(s) as this Hon’ble Tribunal may deem fit and proper in the
facts and circumstances of the case.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
VERIFICATION
I, Hirak Nath Sounth,
the deponent above named, do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and belief, no part of it is
false and nothing material has been concealed therefrom.
Verified
at Kolkata on this ___ day of ______, 2025.
DEPONENT
Identified
by me;
Advocate
Prepared
in my Chamber;
Advocate
Date
: _________November’ 2025
Place
: Kolkata
N O T A R Y
