The plea may come up for hearing Wednesday.
The government March 26 approved Malaysian low-cost airline AirAsia's proposal to set up a new airline in India in partnership with the Tata Group and the Arun Bhatia-promoted Telestra Tradeplace.
On Aug 16, the Supreme Court had asked Swamy to move the high court with his plea.
The petition challenged the clearance granted by the Foreign Investment Promotion Board (FIPB) to the proposed airline on the ground that according to the policy, foreign investment was only permitted in an existing airline but AirAsia India was not an existing carrier.
AirAsia India will be based in Chennai in which the Malaysian carrier will hold a 49 percent stake.
--IANS (Posted on 09-09-2013)