Mittal and Ruia had asked for adjournment of the hearing, as the matter is pending in the apex court. CBI, however opposed their plea on the grounds that, as such there is no stay order on the proceedings in the trial court. Supreme Court had exempted them from personal appearance in the trial on April 26.
Besides Mittal, Ruia, and former Essar-Vodafone managing director Asim Ghosh, the court had also summoned as accused Shyamal Ghosh, former telecom secretary, and three telcos 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).
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CBI has alleged that Ghosh, in conspiracy with former telecom minister Pramod Mahajan, abused his position as a public person and showed undue favour to beneficiary companies causing a loss of Rs 846.44 crore loss to the exchequer.
The court had said that Mittal, Ruia and Asim Ghosh were "prima facie"in "control of affairs" of their respective companies which were charge sheeted by CBI.