accused in the case, that there was "no stay" on the proceedings before it and had warned them that it will go ahead with criminal process if they fail to seek clarification from the Supreme Court on the issue.
CBI had also opposed their plea, saying the proceedings had not been stayed by the apex court.
Mittal, Ruia and Canada-based NRI Asim Ghosh, who was then a Managing Director of accused firm Hutchison Max Telecom Pvt Ltd, were summoned as accused by the trial court. The summons to Asim Ghosh have not been served till date.
Mittal, Ruia and Asim Ghosh were not named as accused in CBI's charge sheet filed on December 21, last year.
Three telecom firms Bharti Cellular Ltd, Hutchison Max Telecom Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now known as Vodafone Mobile Service Ltd) are also accused in the case.
CBI, in its charge sheet, had named Shyamal Ghosh and the three telecom companies as accused in the case relating to the Department of Telecommunications (DoT) allocating additional spectrum which had allegedly resulted in a loss of Rs 846 crore to the exchequer.