The court also issued a notice to the Department of Telecom (DoT) on a plea by a telecom firm questioning its decisions to restrict the sale of airwaves to be auctioned.
A bench of justices G S Singhvi and K S Radhakrishnan, which decided to hear the matter on November 8, made it clear that its order will "not be an impediment" in starting fresh auction of 122 2G spectrum which was quashed by the apex court's February 2 judgement.
"While issuing notices, we deem it fit to make it clear that the factum of the issue will not impede the auction which is to be held on November 12," the bench said.
The Cellular Operators Association of India (COAI), which represents GSM operators Bharti Airtel, Idea and Vodafone has sought cancellation of licence and GSM spectrum of Tata group companies, Tata Teleservices Ltd (TTSL) and Tata Teleservices (Maharashtra) Ltd (TTML) for inclusion in the fresh auction along with the 122 2G spectrum licences.
Advocate Mukul Rohatgi accepted the notice for the two Tata companies after a brief submission was made by COAI's counsel Abhishek Singhvi and Maninder Singh.
COAI has sought to include Tata's spectrum of 83.6 MHz allocated in 2008 along with the 122 2G licences in the fresh auction contending that TTSL and TTML received the radiowaves in pursuance of the same press releases through which the other 122 licences were granted.
