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TMI Blog2019 (5) TMI 1852X X X X Extracts X X X X X X X X Extracts X X X X ..... y be refused at the request of the party against whom it is invoked. As on date, the respondents are yet to file any application claiming such grounds. Unless such grounds are established, the Court has to prima facie assume that the Foreign Award that has been produced before it is capable of being enforced and therefore, grant interim protection in favour of the petitioner producing such an Award and seeking enforcement of the same. The learned senior counsels for the respondents have further raised an objection on the Award being not enforceable as being violative of the Foreign Exchange Management Act, 1999 and Section 74 of the Indian Contract Act, 1872. The submissions so made would have to be considered once the respondents file a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court of Calcutta that would have the jurisdiction to entertain the present petition. 3. They further submit that the petitioner had also filed an application under Section 9 of the Act before the High Court of Calcutta, which has not been disclosed in the present petition. They submit that apart from there being a concealment of this vital fact, in terms of Section 42 of the Act, this petition can be filed only before the High Court of Calcutta. 4. On the other hand, the learned senior counsel for the petitioner submits that this issue is no longer res integra. Placing reliance on the judgment of this Court in Motorala INC v. Modi Wellvest , 2004 SCC OnLine Del 1094 he submits that this Court has held that an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. 8. Prima facie I do not find any merit in the above submission. Article 34(3) of the UNCITRAL Model Law reads as under:- Article 34: Application for setting aside as exclusive recourse against arbitral award xxxxxx (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under Article 33, from the date on which that request had been disposed of by the arbitral tribunal. 9. The above provision merely gives a period of three months to the aggrieved party to challenge the Award by making an application for setting aside the same. Unlike Section 36 of the Act which states that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng such an Award and seeking enforcement of the same. 12. The learned senior counsels for the respondents have further raised an objection on the Award being not enforceable as being violative of the Foreign Exchange Management Act, 1999 and Section 74 of the Indian Contract Act, 1872. The submissions so made would have to be considered once the respondents file a proper application under Section 48 of the Act. At this stage, the Award in question directs the respondents to pay the following amounts to the petitioner:- (1) Shristi Infrastructure Development Corporation Limited is ordered, by way of specific performance, to pay to Rishima SA Investments LLC within 28 days of this Award, the sum of INR 761 crores pursuant to clause 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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