Submitting an application for exemption from personal appearance to the court of Special Judge Sangeeta Dhingra Sehgal, Kulkarni's counsel told her that his client was yet to return from the United States.
On the counsel's submission, the judge pointed out to him that earlier on September 6, while making the plea for exemption from personal appearance, he had given an undertaking that he would appear before the court on the next date (Monday).
"He (Kulkarni) was supposed to come (to the court) on Monday. You (Kulkarni's lawyer) had given an undertaking on the last date," the judge said.
The defence counsel responded to the court's observation saying Kulkarni had not appeared today due to "some problem".
Public prosecutor Rajiv Mohan contended that the application for personal exemption on behalf of Kulkarni was without any supporting documents. He said the court could issue warrant against him for his failure to appear before it despite summons.
At this stage, Kulkarni's lawyer submitted that his client would appear before the judge after October 2.
The court is expected to decide on the application for personal exemption during the course of the proceedings. Meanwhile, during the arguments, co-accused Suhail Hindustani collapsed in the courtroom. He was moved out of the courtroom by security personnel and was attended to by doctors.