Justice A S Gadkari directed the police to file its affidavit by July 29 in response to a petition submitted by Kundra, 45, challenging his arrest in the case.
The Thackerays sought dismissal of the PIL on the ground that it was filed on assumptions and without any factual foundation.
The police in the HC argued that Kundra was not cooperating with the probe in the case, filed in February this year by the Mumbai crime branch, and had destroyed evidence, a claim refuted by his lawyer.
The Mumbai crime branch has appointed forensic auditors to look into the financial transactions and bank accounts of businessman Raj Kundra, arrested in an adult films case, a police official said.
A division bench of Justices S S Shinde and N R Borkar said Wankhede shall appear before the Thane police on February 23 (Wednesday) pursuant to the summons issued to him and extend his full cooperation with the investigation.
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