Essar Groups' plea against a probe by the CBI special court will come up for hearing before Supreme Court on February 17. It has pleaded that a magistrate be allowed to conduct the trail.
Essar moved the apex court saying that they should not be investigated by the CBI as they have not been booked under the Prevention of Corruption Act.
"I have a right to say that I be heard in the court of magistrate as there is no charge against me under PCA," senior advocate Harish Salve, appearing for the Essar group, said.
Ruias, the promoters of Essar Group and the Khaitans, however, figure in the third set of charges filed by the CBI on 12 December. The agency has accused them of creating Loop for getting more spectrum.
According to the agency, Essar group floated Loop Telecom flouting telecom guidelines. Essar holds sizeable shares in the existing operating company Vodafone as well.
Essar Group's Ravi Ruia, son Anshuman Ruia and Ruia brothers' sister Kiran Khaitan and her husband IP Khaitan were also named in the chargesheet.