S. Ravindra Bhat, J.

1. This writ petition impugns an order of the Appellate Authority for Industrial and Financial Reconstruction (“AAIFR”) dated 7.5.2013 dismissing the appeal of the Union of India, through the Railway Ministry, (hereafter “Railways”) against an order of the Board for Industrial and Financial Reconstruction (“BIFR”) dated 12.3.2012, concerning certain concessions to be provided by the Railways to Cimmco Birla Ltd. (“CBL”), the respondent, in terms of a Sanctioned Scheme for rehabilitation sanctioned by the BIFR as regards CBL.

2. The BIFR had declared CBL as a sick company under Section 3(1)(o) of the Sick Industrial Companies Act, 1985 (“SICA”) on 21.8.2002. On 11.3.2010, the BIFR sanctioned a revival scheme for CBL after inviting suggestions/objections from all stakeholders by circulating a Draft Rehabilitation Scheme (“DRS”). The dispute today concerns the application of Clause 11.6 of the Sanctioned Scheme, which envisages a certain concession by the Ministry of Railways vis-à-vis CBL as regards tenders floated by the Railways for supply of wagons, the business in which CBL is engaged. Clause 11.6 states as follows:

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Clause 11.6: MI