ED moved the court last week seeking an NBW after Modi did not respond to the summons sent to him.
Special judge P R Bhavake today sought to know why the agency was not arresting him and had sought NBW and whether a warrant can be issued during the investigation.
ED's lawyer Hiten Venegoankar said Lali Modi was not available in India, hence an NBW should be issued. Modi had not complied with the summonses issued to him since 2009, he claimed.
The ED lawyer said the case was at the stage of pre-investigation and the Supreme Court had said in a previous ruling that NBW can be issued during the investigation.
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BCCI registered an FIR in Chennai against Modi in 2010. In 2008, the cricket body had awarded 10-year media rights to WSG for USD 918 million. WSG then entered into a deal with MSM to make Sony the official broadcaster. The contract was replaced later with a nine-year deal where MSM paid WSG USD 1.63 billion.