Presenting Dalmiya's case, counsel Gitanath Ganguly told Judge Sarkar of the city civil court that the documents provided by the BCCI were illegible and hence the number of days allotted for scrutiny and reply be extended.
However, the Judge turned down the application based on an affidavit filed by the BCCI stating that the disciplinary committee summons were based on the allegations found on the basis of the 273 bank documents supplied earlier on May 5 which was accepted by Dalmiya.
BCCI counsel S K Kapoor and Bajoria contended that the application was based on frivolous ground just to delay the disciplinary committee's hearing.
Judge Sarkar after evaluating both the sides turned down Dalmiya's application.
On August 23, the same Judge had asked the BCCI to provide Dalmiya with the necessary documents by August 29 and had given Dalmiya ten day's time to reply following which the BCCI would be free to call him before the disciplinary committee hearing.