JUDGMENT :

BHARGAV D. KARIA, J.

1. Heard learned Senior Advocate Mr. Kamal B. Trivedi with learned advocate Mr. Premal R. Joshi for the petitioner and learned Senior Advocate Mr. R.S. Sanjanwala with learned advocate Mr. P.M. Buch for the respondents.

2. Feeling aggrieved by order dated 19.09.2022 passed by the Arbitral Tribunal in Arbitration Case No. 7 of 2021 whereby the application filed the petitioner to decide the issue of jurisdiction as a preliminary issue has been dismissed, the petitioner has preferred this petition under Articles 226 and 227 of the Constitution of India.

3. The factual matrix of the matter is that the petitioner herein - Special Purpose Vehicle of the State Government was formed on 28.01.2016 with equity participation of 49% through Centre and 51% of through State Government for procurement and construction of trunk infrastructure of Dholera Special Investment Region (“DSIR”).

3.1 The petitioner floated a tender on 15.04.2016 inviting offers to undertake the Design, Construction, Operation and Maintenance of (i) Water Treatment Plant (WTP), (ii) Clear Water Reservoir and (iii) Potable Water Transmission Main and Master Balancing Reservoir (potable water) in D