Mallya made the submission through his counsel before Chief Metropolitan Magistrate Sumit Dass in a case lodged for allegedly evading summons in connection with a FERA violation matter.
On July 9, the court had cancelled the exemption from personal appearance granted to him and had directed him to appear before it.
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The counsel submitted the copy of an email sent by Mallya, stating that his passport was suspended on April 23, 2016 without giving him any opportunity of being heard.
Enforcement Directorate (ED), however, told the court that Mallya is already evading proceedings in several other cases and sought time to reply to the plea moved by him on Friday.
The court has now put up the matter for further hearing on October 4.
The exemption from personal appearance to Mallya was granted in December 2000 on ED's complaint for evading summons issued to him by it.
The agency had issued summons to the businessman in connection with alleged payment of 200,000 dollars to a British firm for displaying Kingfisher logo in Formula One World Championships in London and some European countries in 1996, 1997 and 1998.
It had claimed that the money was allegedly paid without prior approval from RBI in violation of FERA norms.
In its plea against Mallya filed through prosecutor N K Matta, ED had also sought issuance of non-bailable warrant against the Chairman of the now-defunct Kingfisher Airlines to secure his presence in the ongoing trial of the case, which is at its final stage.
The agency's plea had said Mallya was reported to be in the United Kingdom and his presence in the trial was essential and had sought court's direction to him to remain personally present in every hearing.
Matta had argued that the court should recall its December 2000 exemption order as a PMLA court in Mumbai has recently issued an open-ended warrant against him in connection with a money laundering case.
According to ED, Mallya was summoned on four occasions for questioning in connection with a contract signed in December 1995 with London-based firm Benetton Formula Ltd for promotion of the Kingfisher brand abroad.
When Mallya failed to appear before ED in response to the summons, a complaint was filed on March 8, 2000 before a court here and later on charges were framed against him under FERA.
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