JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. Maintainability of writ petition challenging the award of the Micro and Small Enterprises Facilitation Council and jurisdiction of the Council to decide a dispute arising before coming into effect of the Micro, Small and Medium Enterprises Development Act, 2006 are the two issues that need to be determined in the present petition.

3. Considering the broad two legal issues to be decided in the petition, it is not necessary to narrate the entire factual background under which the dispute between the parties has arisen.

4. Petitioner is a well known automobile manufacturer having one of its manufacturing facilities at Waluj in Aurangabad. Respondent No. 3 is a manufacturer of silencers, which are supplied inter alia to Petitioner. The dispute pertains to outstanding payment in respect of parts supplied by the respondent No. 3 to Petitioner during the years 2001-2002.

5. After coming into effect the Micro, Small and Medium Enterprises Development Act, 2006 (for short “MSMED Act”), the respondent No. 3 registered itself as a supplier. A claim was filed by it before the Micro and Sma