It is further pertinent to note that para 5 of the judgement points out that the impugned order, while holding in favour of the right of the non-MSME to file its counter claim before the Facilitation Council, relies upon B.H.P. Engineers Pvt. Ltd. v. Director, Industries, U.P. (Facilitation Centre), Kanpur and the Division Bench judgment of the High Court of Bombay at Nagpur in the case of Steel Authority of India Ltd. v. Micro, Small Enterprise Facilitation Council.