M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Arbitral Tribunal- State Level Industry Facilitation Council constituted under Section 21 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the Act, 2006), by which, the learned Council has dismissed the application submitted by the appellant herein, submitted under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") and by which, the appellant herein requested to refer the matter for arbitration in exercise of powers under Section 8 of the Act, 1996, the appellant herein preferred present First Appeal.

2. The facts leading to the present First Appeal in nutshell are as under:

"2.1. That the appellant herein 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. That the dispute arose between the appellant and the Railway Authority with respect to Contract CS 160, entered into between the parties, on 20-10-2008. It appears that prior thereto one C