Hutchison Max (P) Ltd and Sterling Cellular Ltd withdrew their plea and decided to move the Supreme Court which is monitoring the 2G scam.
The firms withdrew their plea after CBI submitted any appeal against the special court's decisions has to be moved before the apex court.
Justice Sunil Gaur, thereafter, gave liberty to the two firms to approach the apex court.
Hutchison Max (P) Ltd and Sterling Cellular Ltd had challenged the special court's July 23 order by which it had dismissed their plea and imposed costs of Rs 25,000 on each of the firms.
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The accused had argued that they never got licence in the period 2001 to 2008, which is under probe by CBI on the apex court's direction and were already an existing licencee.
Former Telecom Secretary Shyamal Ghosh and three telecom firms -- Hutchison Max, Sterling and Bharti Cellular Ltd, were named by CBI in its charge sheet in the case relating to the Department of Telecommunications (DoT) allocating additional spectrum that had allegedly resulted in a loss of Rs 846 crore to the exchequer.
Besides Mittal, Ruia and Ghosh, the special court had also summoned Canada-based NRI Asim Ghosh, who was then a Managing Director of Hutchison Max Pvt Ltd, as an accused.