1. Rule. Mr. Paresh M. Dave, learned advocate, waives service of notice of Rule, for respondent No.1. Mr. Niraj Soni, learned Assistant Government Pleader, waives service of notice of Rule, for respondent No.2.

2. The challenge in this petition, preferred under Articles 226 and 227 of the Constitution of India, is to the impugned Award (referred to as an 'Order' by the petitioner) dated 21-08-2010, passed by the State Level Industry Facilitation Council, constituted under Section 21 of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act” for short).

3. The brief factual background of the case, as garnered from the Memorandum of the petition and material on record, is as follows:

3.1 The petitioner is the Principal Chief Engineer, Western Railway. Respondent No.1 is a Registered Small-scale Manufacturer, who has established a Factory for manufacture of goods, such as Pre-stressed Mono-block Concrete Sleepers, that are being supplied to the Western Railways. The State Level Industries Facilitation Council has been joined as respondent No.2, by order of the Court, dated 15-03-2011. The present dispute centers around Contract CS 160, entered into between the