The agency said the Indian High Commission and Ministry of Home Affairs (MHA) have tried thrice to get the summons served to Malaysian business tycoon T Ananda Krishnan, Augustus Ralph Marshall and two accused firms but they have not received any positive response from them.
"The High Commission and the MHA have tried thrice for service of summons. In the first set of summons, they said there was some problem. They are not cooperating. We have sent the report thrice," senior public prosecutor K K Goel told Special CBI Judge O P Saini.
He said, "We cannot force a foreign country. We are requesting them and are pursuing it. We have also written to our High Commission in Malaysia."
Special public prosecutor Anand Grover told the court that fresh summons should be issued against the four accused.
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"Malaysian authorities are not cooperating. Fresh summons should be issued instead of extending the date of summons," he said.
During the hearing, the judge observed, "Can't we separate the trial?"
Responding to this, Grover said, "Splitting the case at this stage will cause prejudice to us. So we can wait."
Former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and authorised representative of accused firm Sun Direct TV Pvt Ltd were present in the court during the hearing.