JUDGMENT :

R.D. DHANUKA, J.

1. By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order dated 19th January, 2021 passed by the learned Arbitrator dismissing the Application filed by the petitioner under Section 16 of the Arbitration and Conciliation Act, 1996 (for short ‘the Arbitration Act’) and holding that the Arbitral Tribunal has jurisdiction to entertain claims laid down by the respondent.

Some of the relevant facts for the purpose of deciding this Writ Petition are as under:

2. Mr. Sanjay Jain, learned counsel for the respondent at the threshold raised a preliminary objection that this writ petition filed under Articles 226 and 227 of the Constitution of India impugning the order passed by the Arbitral Tribunal rejecting the application filed by the respondent in such arbitral proceedings raising a plea of jurisdiction raised by such respondent is not maintainable. The remedy, if any, of the petitioner (original respondent) would be to challenge the said order passed by the Arbitral Tribunal along with final award, if the petitioner is aggrieved by the final order under Section 34 of the Arbitration Act. Learned c