BEFORE THE HON’BLE NATIONAL COMPANY
LAW TRIBUNAL, KOLKATA BENCH
IA No. (IBC) 1339/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 TO THE APPLICATION UNDER SECTION 66 OF IBC ON BEHALF OF RESPONDENT NO.
1, HIRAK NATH SOUNTH;
I, Smt. Hirak Nath Sounth, Son
of Late Khudiram Sounth, aged about 49 years, by faith Hindu, by occupation unemployed,
residing at Diamond Tower, Jhapetapur, Kharagpur, Midnapur West, Pin – 721301,
presently suspended director of Roofers Infrastructure India Private Limited,
holding DIN 01642164, do hereby solemnly
affirm and state as follows;
(1) I
am the Respondent No. 1, in the above matter and being conversant with the
facts of the case, am competent to swear this affidavit.
(2) I
deny and dispute all allegations, statements and averments made in the
application filed by the Resolution Professional under Section 66 of the
Insolvency and Bankruptcy Code, 2016 (IBC), save and except those
specifically admitted herein.
(3) The
present application is not maintainable against me either in law or on facts.
(4) The
Corporate Debtor, Roofers Infrastructure India Pvt. Ltd., has been a non-active
company since FY 2011–12, with no business activity, operations or
transactions for more than a decade.
(5) The
company exists only on paper, has no registered or functional office, and does
not own or possess any movable or immovable property.
(6) I
do not possess any books of account, statutory records, documents or
information of the company. None are in my custody or control. Therefore, the
allegation of non-cooperation or concealment is wholly false and misconceived.
(7) The
affairs of the Corporate Debtor, along with other associated companies, are
under the supervision of the One-Man Committee headed by Hon’ble Justice
S.P. Talukdar (Retd.), constituted on 01.02.2016. By order dated 14.09.2017
passed by the Hon’ble Calcutta High Court in W.P. No. 24057(W) of 2015,
the said Committee took charge of the Corporate Debtor as well.
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”.
(8) Accordingly,
all affairs of the Corporate Debtor are under judicial supervision. A winding
up proceeding under Sections 271 and 272 of the Companies Act, 2013,
being CP/306(KB)/2021, has been initiated by the Registrar of Companies,
West Bengal, and is pending before Hon’ble NCLT Bench–II, Kolkata. The next
date of hearing is fixed on 23.09.2025, in which IDBI Bank has entered
appearance as an intervener.
Photostat
copy of available daily orders are annexed herewith collectively and marked as Annexure – “B”.
(9) 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 the Roofers Group of Companies, including the present Corporate
Debtor.
Photostat
copy of the said CBI FIR is annexed herewith and marked as Annexure – “C”.
(10)
The Corporate Debtor is also subject to
multiple recovery and criminal cases, inter alia:
(i)
O.A. No. 415 of 2015 (IDBI Bank v.
Roofers Infrastructure India Pvt. Ltd.) pending before 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 Ld. 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 provision of Section 66
of the IBC requires intent to defraud creditors or wrongful trading. No such
intent can be attributed to me. In fact, the Corporate Debtor has long been
under judicial and investigative control, leaving no scope for fraudulent conduct
on my part.
In
view of the above facts and circumstances, I most respectfully pray that this
Hon’ble Tribunal may be pleased to;
a) Dismiss
the present application filed against me under Section 66 of the IBC as
misconceived, baseless, and not maintainable;
b) Hold
that I have duly complied with obligations of cooperation, and that no records,
assets, or documents are in my possession;
c) Take
note that the Corporate Debtor is already under multiple judicial,
investigative, and statutory proceedings including winding up before NCLT, CBI
investigation, and recovery cases before DRT and criminal courts;
d) Pass
such other or further orders as this Hon’ble Tribunal may deem fit and proper.
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 paragraphs 1 to 9 are true
and correct to my knowledge and belief, and nothing material has been
concealed.
Verified at Kolkata on this _______ day
of November, 2025.
DEPONENT
Identified by me:
Advocate
Prepared
in my chamber;
Advocate
Date:
______ November, 2025
Place: Kolkata
NOTARY
