Mahindra said its cars and SUVs with engine capacity of more than 2000cc were most popular with the middle-class and that these vehicles were compliant of the existing pollution-control norms. "Majority of the passenger vehicles it manufactures have a capacity of 2000cc or above yet its vehicles are purchased by the common man," the company said.

Claiming to produce "low cost and high efficiency" vehicles, Mahindra said the apex court in 1999 had dealt with the issue of alarming pollution levels in the capital and considered ban on registration of diesel cars.

"The Supreme Court in its order, however, instead of banning registration of diesel vehicles considered it more appropriate to direct strict compliance with emission norms put in place from time to time by the government," the Indian auto major said. It welcomed the SC's initiatives to bring down pollution levels in Delhi but said the court had passed the orders banning registration of all diesel cars with more than 2000cc engine capacity without hearing the manufacturers.

Senior advocates Kapil Sibal, A M Singhvi and Arvind Datar appeared for Toyota, Mahindra and Mercedes respectively and sought their applications to be listed with the main case which is scheduled for hearing before the Supreme Court on Tuesday.

A bench of Chief Justices T S Thakur and Justices A K Sikri and R Banumathi agreed to list their applications, in which the manufacturers had a veiled common grievance that it was improper to ban their cars with 2000 cc engines even though these were compliant with existing emission norms and as much polluting as the small cars which had been permitted to be registered.

Finding the top lawyers arguing for the aggrieved auto majors, CJI Thakur in a lighter vein said, "Will each of you get a Mercedes for this?" The SC order banning registration of vehicles with engine capacity of 2000 cc or more had hit 63 models sold by 17 companies, which together sell around 10,000 units per month.