JUDGMENT :

BHARGAV D. KARIA, J.

1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged order dated 14th February, 2019 passed by the Arbitration Tribunal consisting of sole arbitrator (Hon’ble Mr. Justice J.M. Panchal-Former Judge, Supreme Court of India) whereby preliminary objections raised by the petitioner to decide as to whether the disputes between the parties is arbitrable or not is rejected.

2. Facts giving rise to this petition may be summarized as under:

2.1 A contract was executed on 5th December, 2014 between the petitioner and the respondent for the period between 15th January, 2015 to 31st March, 2017 for establishing a Customer Care Center and accordingly, the petitioner had outsourced customer call services to the respondent.

2.2 During the inspection checking on 29th September, 2016 carried out by the petitioner in the office of respondent, it was found that the respondent had manipulated its software program namely “C-Zentrix” to show an exaggerated number of persons logged in at the same time than actually appointed to address calls of the customers and by such manipulation in computer program, the respondent used to