The CBI had summoned the present Additional Director General of state's Criminal Investigation Department to its Salt Lake office for interrogation as part of its probe into the Rose Valley case in which Kumar is alleged to have tampered with evidence.
A source said the former Kolkata police commissioner has sought time from the probe agency, saying he was on leave.
In the Saradha case, Kumar's counsel are likely to move the petition before a High Court bench on Tuesday.
Sources said the CBI has already been given a copy of the petition by Kumar's legal team.
On Saturday, Kumar suffered the latest setback in his bid to secure pre-arrest bail when the Alipore district and sessions court rejected his plea.
Kumar, who has been eluding the CBI, is locked in a legal tussle with the federal investigating agency which has been trying to interrogate him.
Three days back the CBI had moved a plea for issuing non-bailable arrest warrant against Kumar in Alipore court, but Additional Chief Judicial Magistrate Subrata Mukehrjee disposed of the prayer, saying the former Kolkata police commissioner could be arrested by the CBI in accordance with law if it feels that is needed as the higher courts have withdrawn the protection from arrest given to him earlier.
The judge also observed that the CBI could approach the court if it faced any adverse situation while making the arrest.
On Tuesday last Kumar had moved an anticipatory bail plea in the district sessions court of Barasat, but the judge ruled the petition "not maintainable" saying the case had been generated in the South 24 Parganas district while his court has jurisdiction over North 24 Parganas district.
The Alipore court is the district court of South 24 Parganas.
The judiciary had earlier given Kumar interim protection on May 30 and then extended it multiple times till the Calcutta High Court withdrew the protection on September 13.
The investigating agency had in May sent a notice to Kumar asking him to appear before it and later issued a lookout notice against him alerting all airports and immigration authorities against him leaving the country.
Kumar had moved the court on May 22 seeking quashing of the CBI notice asking him to appear before the agency.
He appeared before the CBI in February and June and was grilled by the sleuths.
Kumar headed the Special Investigation Team (SIT) in 2013 that probed the ponzi scams, and is ccused of tampering with evidence.
The Supreme Court in May, 2014, handed over the case to the CBI.
( With inputs from IANS )