WP(C) 722/2010 BEFORE THE HON’BLE THE CHIEF JUSTICE MR MADAN B LOKUR HON’BLE MR JUSTICE HRISHIKESH ROY 16.8.2010 (MADAN B. LOKUR, CJ) Heard Mr AM Mazumdar, learned senior counsel for the petitioner. This writ petition is directed against an order dated 20.12.2009 passed by the Arbitral Tribunal. An application was made by the petitioner before the Arbitral Tribunal c onsisting of three members with the allegation that one of the Arbitrators was b iased because he passed the Award against the petitioner in some other case. The said application was rejected and it was stated by the Arbitral Tribunal as fol lows: The Arbitral Tribunal was of the view that the ground taken by the Respondent c annot be raised before this Tribunal under section 13(2) of the Act. The ground set out in the application cannot be a ground for challenge under section 13(2) of the Act. No such application is maintainable before this Arbitral Tribunal. T he application is therefore rejected. Feeling aggrieved, the petitioner has filed this writ petition under Art icle 226 of the Constitution of India. A preliminary issue was raised about the maintainability of the writ pet ition. WPC No 722/2010 Pag e 1 of 1 Learned counsel for the petitioner contends that no decision has been ta ken on the application and so a writ is maintainable. In our opinion, the application was unequivocally rejected by the Arbitr al Tribunal politely and in a manner of speaking it was said that the ground ra ised by the petitioner is not a valid ground under section 13(2) of the Arbitrat ion and Conciliation Act, 1996. Thus, it is not correct to submit that the Arbit ral Tribunal has declined to entertain the application. No other argument has been advanced. This writ petition is dismissed as not maintainable.