CBI had pleaded that Ajay Chandra, also a Unitech MD, be called in interest of justice as two statements made by him were contradictory.
Special CBI judge O P Saini declined CBI's plea to summon Ajay for re-examination by the prosecution saying "the application is without merit and the same is dismissed".
"After going through the relevant record including the statement of the witness recorded in the court as prosecution witness (PW-85), I do not find any merit in the application.
CBI in its plea had stated that Ajay during his testimony in the court early this year had said "the telecom business, since its inception, was being managed on day to day basis by his brother Sanjay Chandra only".
It further said the witness in his examination-in-chief had stated that "once the business of telecom commenced, which was possible after grants of Unified Access Service Licence (UASL) in 2008, Sanjay Chandra was looking after with the professional management teams of those subsidiary companies".
The CBI said Ajay, however, remained silent on this point in his examination-in-chief.
Sanjay is an accused in the 2G spectrum scam case besides 16 others, including former telecom minister A Raja and three companies.
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