The National Prosecuting Authority (NPA) will be filing papers on Wednesday to oppose Atul Gupta's application to challenge the freezing of R10 million from his personal bank account.
The Asset Forfeiture Unit says the money was paid from the Estina dairy project which was meant to benefit poor farmers in the Free State.
In an affidavit filed from Dubai, Gupta claims there's no evidence that he received money from the project and wants the order to be set aside.
The NPA's Luvuyo Mfaku says: “Our team of lawyers are preparing the papers, we’re of course defending the matter. They will file on 21st and the matter will be heard on 1st of March in Bloemfontein Court.”
It's still not clear where Atul and his brother Ajay are.
Ajay is being sought also in connection with the investigation into the dairy farm project.
According to officials at OR Tambo International Airport, he left the country on 6 February.