During the hearing, the judge also told the agency that

the case is about the pricing dispute over additional spectrum and they should file the documents relating to passing of any such resolution by these companies. "You (CBI) show me the documents when these companies had resolved to seek additional spectrum. These documents are not there," the court said and posted the matter for February 19 after the CBI sought one week time for it. The CBI had on January 30 told the court that they had filed 143 sets of documents related to the case and the prosecutor needs some time to go through them. The court had allowed the CBI's plea and had taken on record these documents. The CBI, in its December 21, 2012 charge sheet has named the three telecom companies as accused in the case in which the DoT had allegedly allocated additional spectrum resulting in a loss of Rs 846 crore to the exchequer. The court had earlier also deferred the order on the issue after the CBI had submitted they need over two weeks' time to file some more documents before it. The CBI has not named Jagdish Rai Gupta, a former Deputy Director General (VAS) cell of DoT and a former Director of BSNL, who was named in the FIR, as accused in the case saying "no evidence attributing any criminality on his part or his involvement in the alleged offence has surfaced during the investigation." Regarding Ghosh, the CBI had said that in conspiracy with the then Telecom Minister Pramod Mahajan and accused telecom firms, he had abused his official position to show undue favour to the companies causing a loss of Rs 846.44 crore to the exchequer. The CBI, in its charge sheet, had said that the decision regarding allocation of additional spectrum to these telecom firms was taken in "undue haste" in pursuance of the conspiracy hatched amongst Mahajan, Ghosh and these companies.