City Civil Court Judge P K Sarkar refused to give any interim order on the summons from BCCI and asked the board to present a written affidavit in objection before it within two weeks.
The court also asked Jagmohan Dalmiya's counsel to reply within another seven days in written affidavit to the objection raised.
BCCI was represented by counsel Ankur Chawla and Mr Dalmiya was represented by Shyamal Baran Chatterjee.
BCCI had already filed a caveat at City Civil Court.
Meanwhile, BCCI lawyer Ankur Chawla told UNI this was a good decision that the court refused to pass an interim order and Mr Dalmiya remained suspended and the proceedings could continue against him.
No further date of hearing has been scheduled and it will be fixed only after the pleadings are completed, he added.
Jagmohan Dalmiya yesterday filed a suit in a city civil court challenging the 'legality and validity' of BCCI summoning him before its disciplinary committee tomorrow.
Sources close to Mr Dalmiya told UNI that ''a suit was filed in the city civil court challenging both the legality and validity of July 17 letter of the BCCI that summoned him to appear before its Disciplinary Committee on July 26''.
''His lawyer had earlier sent a letter to the BCCI requesting to defer the date of hearing of the disciplinary committee but no response has been received,'' the sources said.
However, for the time being the purpose of Mr Dalmiya has bee served as he was unwilling to leave the city before the completion of the CAB polls scheduled for July 30.
Mr Dalmiya's counsel Shyamal Baran Chatterjee said, since the matter had been admitted by the court for hearing, it had become sub-judice. ''Proceeding on any matter, which is sub-judice, has to stop till a final verdict is arrived at, and hence tiil the hearing is completed, we would consider the proceedings on Mr Dalmiya as stopped for the time being, '' he stated.
On July 17, BCCI through a letter had summoned Mr Dalmiya to appear before the disciplinary committee today in Mumbai.
However, Dalmiya had challenged the order.