The agency's response came after it withdrew from a Delhi court its application to seek permission to further probe the politically sensitive Rs 64-crore Bofors payoff case.
CBI had moved the trial court seeking permission for further probe in the matter saying it had come across fresh material and evidence.
The apex court, however, said that an appeal against the same HC verdict filed by advocate Ajay Agarwal is pending and the CBI can raise all grounds in it.
The matter would come up for hearing before a bench of Chief Justice Ranjan Gogoi and Justice K M Joseph.
The cause list till Thursday afternoon showed that the petition filed by the CBI was listed for hearing before a bench comprising justices R Banumathi and Indira Banerjee in court number 8.
The court had earlier deferred the matter due to unavailability of documents which had been provided to the Supreme Court.
Justice Khanwilkar, who was the part of a bench headed by Chief Justice Dipak Misra, did not give any reason for opting himself out of hearing the matter.
The agency had also informed the apex court about the filing of the application in the trial court which has posted it for further deliberations on February 17.
The much-awaited crucial hearing in the politically-sensitive Rs 64 crore Bofors pay-off case today did not take place in the Supreme Court as the matter did not reach the board.
A petition has been filed in the SC seeking recusal of Chief Justice of India Dipak Misra from hearing the Bofors case.