2.The only grievance of the learned counsel for the petitioner is that Crl.M.P.No.6473 of 2021 was filed under Section 305 of Cr.P.C. by first respondent Subramanian to issue summons to the liquidator of M/s.Siva Industries and Holdings Limited, the then, M/s.Sterling Infotech Limited, for the reason that petitioner cannot represent or can be seen to act for M/s.Siva Industries and Holdings Limited. Petitioner claimed that filed memo, in Crl.M.P.No.6473 of 2021 seeking copy of the records in Crl.M.P.No.6473 of 2021 in C.C.No.29 of 2006 to enable him to file counter. However, without giving the copy and affording an opportunity to file counter, learned XIV Additional Special Judge for CBI, Chennai allowed Crl.M.P.No.6473 of 2021. The order of learned XIV Additional Special Judge for CBI, Chennai in Crl.M.P.No.6473 of 2021 also reads that on perusing the memo, petition was allowed, however, without giving an opportunity to file counter by the petitioner. Therefore, in the considered view of this Court, the order dated 02.11.2021 in Crl.M.P.No.6473 of 2021 in C.C.No.29 of 2006 on the file of the learned XIV Additional Special Judge for CBI, Chennai has to be necessarily set aside and accordingly set aside with the direction to the learned XIV Additional Special Judge for CBI, Chennai to give opportunity to the petitioner (i.e. Liquidator) to file counter and then dispose the petition in Crl.M.P.No.6473 of 2021 on merits and in accordance with law.
