SYNOPSIS OF AFFIDAVIT IN REPLY On behalf of Respondent No. 1 – Hirak Nath Sounth

 

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

1. Hirak Nath Sounth … Respondent No. 1
2. Jayanti Sounth … Respondent No. 2

 

SYNOPSIS OF AFFIDAVIT IN REPLY

On behalf of Respondent No. 1 – Hirak Nath Sounth

 

The present affidavit in reply is filed in opposition to the application under Section 19(2) of the Insolvency and Bankruptcy Code, 2016, wherein the Applicant/Resolution Professional has alleged non-cooperation on the part of the Respondent No. 1, a suspended director of Roofers Infrastructure India Private Limited (“Corporate Debtor”). The Respondent respectfully submits that such allegations are wholly unfounded, as the Corporate Debtor has remained inactive, non-functional, and defunct since the Financial Year 2011–12, with no assets, business operations, or records in existence. The Respondent does not possess any books of account, statutory registers, or documents, as none are in his custody or control, and the company presently has no registered or functional office.

 

The affairs of the Corporate Debtor and its associated concerns are already under judicial and statutory supervision pursuant to the Order dated 14.09.2017 passed by the Hon’ble High Court at Calcutta in W.P. No. 24057(W) of 2015, whereby a One-Man Committee headed by Hon’ble Justice Sailendra Prasad Talukdar (Retd.) was constituted to oversee all matters of the Roofers Group of Companies. In addition, a winding up proceeding, being C.P./306(KB)/2021, initiated by the Registrar of Companies, West Bengal, is pending before Hon’ble NCLT, Kolkata Bench–II, and several criminal and recovery proceedings, including CBI FIR No. RC-9/E/17-EOIV-Kol., dated 25.05.2017, and O.A. No. 415 of 2015 before Hon’ble DRT–I, Kolkata, are also in progress.

 

In view of the foregoing circumstances, the Respondent submits that there exists no occasion or scope for concealment or non-cooperation, as all affairs of the company are under the oversight of competent judicial and investigative authorities. The Respondent has fully discharged his obligations under the Code, and the present application is misconceived, speculative, and devoid of merit, and therefore deserves to be dismissed in limine.