The duo had challenged the summons issued by a trial court in a case of alleged irregularities related to allocation of additional 2G spectrum in 2002.
A Bench, headed by Chief Justice Altamas Kabir, sought CBIs reply within four weeks after senior counsel FS Nariman, appearing for Mittal, informed the court that no formal notice had been issued to the agency in the matter.
Now, the CBI will have to file a proper reply to the two petitions. And the petitioners will have to respond to the replies within three weeks. The matter is likely to come up for hearing in July.
The Bench, which also had Justice SS Nijjar, on Thursday turned down preliminary objections raised by CBI and counsel Prashant Bhushan, appearing for public interest organisation Telecom Watchdog, that the appeals should be referred to another Bench headed by Justice G S Singhvi, which is monitoring the investigation into the 2G spectrum scam and also cases arising out of its probe.
After the recusal of two judges Justices Vikramajit Sen and AR Dave the CJI had constituted a new Bench with Justice Nijjar on board.
Mittal and Ruia, whose names were not in the CBI's chargesheet as accused, were summoned by the 2G court, saying there were enough material to proceed against them.