The metropolitan magistrate passed the order after Surjeet failed to appear before the court Thursday. His counsel said the veteran politician was unwell.
Kher, who appeared before the court, and his lawyer Majeed Memon opposed the exemption granted to Surjeet.
Kher had filed a case against Surjeet for calling him an "RSS man" in the publication People's Democracy.
Kher had been removed as the chairman of the Central Board of Film Certification in October last year.