Todi, fearing arrest in the case, had moved the apex court last week seeking an urgent hearing.
Senior advocate Harish Salve, appearing for Todi, who has been chargesheeted for allegedly abetting the suicide of his son-in-law Rehman, had said that despite the Oct 13 order of the apex court, there was no protection to the industrialist.
The apex court had earlier said that trial in the case would not commence till the Calcutta High Court decides a petition filed by Todi challenging the CBI's decision to chargesheet him in the case.
Todi, along with six others, was chargesheeted by the CBI on September 22 for alleged abetment of Rizwanur's suicide. A metropolitan magistrate in Kolkata had asked the accused to appear before it on October 27 but they had failed to abide by the order, leading to the issue of the NBW.
Todi, his brother Pradeep and his brother-in-law Anil Saraogi had allegedly avoided appearing before the trial court or the CBI and their passports were cancelled last month.
The investigating agency had also moved the trial court to declare them proclaimed offenders in the case. The court had given them time till Nov 10 to appear before it or the CBI.
Rizwanur's body was found on the railway tracks Sep 21, 2007. He had earlier Aug 18 married Todi's daughter Priyanka.