Former Board of Control for Cricket in India president Jagmohan Dalmiya filed a suit before a Kolkata court challenging the legality of the Board's summons to appear before its disciplinary committee on Wednesday.

Dalmiya is also likely to seek an interim stay order on the notice on Wednesday morning, sources close to the CAB president said on Tuesday.

In the suit, Dalmiya prayed that an order be issued to the BCCI against giving effect to his suspension from BCCI meetings as CAB president. He also appealed that the notice, dated July 17, by which he was asked to appear before the disciplinary committee at 1.00 pm on Wednesday, should not be operative.

The BCCI had issued summons to Dalmiya following his alleged failure to reply to a show cause notice.

The disciplinary committee is headed by Board president Sharad Pawar [Images], and includes Shashank Manohar and Chirayu Amin.

The BCCI had issued the notice to Dalmiya asking him to furnish details of transfer of Rs 40 crore from an Indian Overseas Bank [Get Quote] account in Bhawanipur to the Cricket Association of Bengal, of which he was president between 1996 and 2005.

After Dalmiya failed to reply to the notice, the BCCI debited the amount to the CAB and also decided to withhold all subsidies to it.

A few months ago, the Board had alleged misappropriation of the 1996 World Cup funds by Dalmiya and filed an FIR at a Mumbai police station.