A Bench of Justices Arun Mishra and Mohan Shantanagoudar heard the matter today, and later adjourned it to Monday, January 15.
As advocate Varinder Kumar Sharma initiated arguments briefly on behalf of the petitioner, Congress sympathiser and relative of Robert Vadra, Tehseen Poonawalla, the court said, "This matter requires bi-party hearing rather than exparte".
"I beg your Lordships not to hear the matter" requested Dave.
The Bench, before adjourning the matter, asked the counsel appearing for the state of Maharashtra to seek instructions.
"The matter is very serious".
Dave said he has been representing Bombay Lawyers' Association before the high court.
Maharashtra-based journalist BR Lone had filed an independent plea seeking a fair probe into the alleged mysterious death of Loya.
Senior advocate Indira Jaising, appearing for journalist Lone, told the Court that she has also got instructions from the Bombay lawyers association that this matter should not be heard by the top court.
"We will see. We will take into consideration your objections".
Justice BH Loya was hearing the Sohrabuddin Sheikh alleged fake encounter case and had died of a mysterious cardiac arrest in 2014 when he was in Nagpur for the wedding of a colleague's daughter. In his plea, Poonawala contended that the circumstances around the death of the judge were questionable and mysterious.
"It is the submission of the petitioner that the judges are bestowed with the duty to protect the Constitution and uphold the majesty of rule of law". "In cases where prima facie material is available to investigate, it is absolutely necessary to order an inquiry".
In 2017, the Caravan reported that Loya's family members claimed that the 48-year-old's death was suspicious. It said it also wants to see postmortem report of the judge's death. BJP president Amit Shah and senior police officers, who were accused in the case, were subsequently discharged. The case was later transferred to CBI and the trial was shifted to Mumbai.