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2019 (5) TMI 1852 - HC - Indian LawsTerritorial Jurisdiction - enforcement of an award - Agreements between the parties which led to the dispute, registered office of the respondents and land in relation to which the Agreements were executed, all situated in Kolkata - Explanation to Section 47 of the Arbitration and Conciliation Act, 1996 - it is also submitted that 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 - HELD THAT:- Section 48 of the Act gives the circumstances where the enforcement of a Foreign Award may 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 proper application under Section 48 of the Act. The respondent no. 1 is directed to file an affidavit of its assets in Form 16A Appendix E of Code of Civil Procedure, 1908 within a period of four weeks from today. The respondents are further restrained from creating any third party interest or parting with the possession of Westin Hotel, Rajarhat, Kolkata - List on 8th August, 2019.
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