When the application came up for hearing on Monday before the sixth city civil court judge Mohideen Pitchai said that he would pass appropriate orders on that date on whether Dalmiya and Board secretary S K Nair should appear in person in the court or not.
Appearing on behalf of Dalmiya, senior advocate Siddharth Shankar Ray contended that his client had not been served the court's notice and that once notice was served, he would file a counter affidavit.
"A mighty mountain has been created out of a non-existent molehill," he said.
Counsel for Thyagaraya Recreation Club, M Selvaraj, charged Dalmiya with showing scant respect for the court order by not appearing in court on Monday, on the ground that notice had not been served.
He said there was wide publicity of the court order in the press. Besides, the counsel for the BCCI had made a mention in the High Court, seeking exemption of both Dalmiya and Nair's appearance, which was turned down by the court, Selvaraj said.
BCCI counsel S Somayaji claimed that the oral plea on March 19 for dispensing with Dalmiya and Nair's appearance was disallowed by the High Court, as he had not filed it in writing.
He also said that once notice was served, he would file a counter affidavit on behalf of BCCI.
On March 18, the judge Mohideen Pitchai had directed Dalmiya and Nair to appear in court on Monday in connection with a contempt petition filed against them for allegedly disobeying a court order, on a petition filed by the club.
In its petition, the club contended that Dalmiya, by attending the March 17 ICC executive meeting at Delhi, had violated the January 25 order of the court, restraining the BCCI from nominating him as its representative to ICCmeetings.