"We understand that progress in the case (trial) has not been made and we would hear whether to continue with the interim order or not," a bench of justices H L Dattu and K S Radhakrishnan said.
The bench adjourned the case as Mittal's counsel Harish Salve was not available for arguments as he was making submissions in another case.
CBI had started preliminary inquiry into Aircel-Maxis deal on January 4, 2011 and nine months later on October 9 had registered the FIR.
The CBI had told the apex court in September last year that it has completed its probe against former Telecom Minister Dayanidhi Maran in the case. It had in July, 2011, placed a status report in the court stating that during 2004-07 when Maran was telecom minister, Sivasankaran was coerced to sell the stake in Aircel to Maxis Group.
The trial proceedings against Mittal and Ruia were stayed by the apex through an interim order on April 8 last year. They had approached the apex court challenging special court's order summoning them as accused despite CBI not naming them as accused in its charge sheet.
While summoning Mittal, Asim Ghosh, MD of Hutchison Max Telecom Pvt Ltd and Ravi Ruia, a Director in Sterling Cellular Ltd, the special court had said that they were "prima facie" in "control of affairs" of their companies, named in the charge sheet by CBI in the case.
CBI had filed the charge sheet on December 21, 2012 against former Telecom Secretary Shyamal Ghosh and three telecom firms -- 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). They all were also summoned for April 11 by the court.
The CBI, in its charge sheet, had named the three telecom companies as accused in the case in which the Department of Telecommunications had allocated additional spectrum which had allegedly resulted in a loss of Rs 846 crore to the exchequer.
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