MSME Award Appeal here we mean and discuss Appeal against the order, decree or Award arising out of the statutory arbitration proceeding under MSME Act. There have been challenges to this provision in courts, where the contentions were raised that this provision is not mandatory and there can be deviation by the Appellate court. Thus, the Supreme Court has made it clear that the provision of section 19 of the MSME Act is mandatory in nature..             
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What documents required for MSME Samadhaan?


Author- admin
Date:April 5, 2023

What documents required for MSME Samadhaan?

MSME Law Notes by NB Associates

MSME Samadhaan is an online portal launched by the Ministry of Micro, Small, and Medium Enterprises (MSMEs) in India to facilitate the resolution of delayed payment disputes between MSMEs and their buyers.

The portal was launched to address the long-standing problem of delayed payments faced by MSMEs, which often results in financial strain and liquidity issues for small businesses.

To file a complaint on the portal, the MSME supplier needs to provide certain documents that prove the delayed payment and support their claim. These documents are essential to initiate the resolution process and provide a factual basis for the complaint. The following are the documents required for MSME Samadhaan:

1. A copy of the invoice(s) raised by the MSME supplier.

2. A copy of the agreement or purchase order between the MSME supplier and the buyer. If the purchase order was oral, an affidavit to that effect should be filed.

3. Proof of delivery of goods or services by the MSME supplier.

4. Any other relevant document that supports the claim of the MSME supplier.

Copy of the invoice(s) raised by the MSME supplier:

The invoice is a critical document that outlines the details of the goods or services provided by the MSME supplier, along with the payment terms and due date.

The invoice should be prepared in compliance with the GST laws and regulations and should contain all relevant information, such as the name and address of the buyer, the date of supply, the quantity and description of the goods or services, the rate of tax, and the amount payable.

Copy of the agreement or purchase order between the MSME supplier and the buyer:

The agreement or purchase order is a legal document that outlines the terms and conditions of the transaction between the MSME supplier and the buyer. It should contain details such as the quantity and quality of the goods or services, the delivery schedule, the payment terms, and any other relevant terms and conditions.

The agreement or purchase order should be signed by both parties and should be binding on them.

If the purchase order was oral, an affidavit to that effect should be filed.

Proof of delivery of goods or services by the MSME supplier:

The MSME supplier needs to provide evidence of the delivery of goods or services to the buyer, such as a delivery challan, a courier receipt, or a signed delivery note.

This is important to establish that the MSME supplier has fulfilled their part of the transaction and that the buyer has received the goods or services.

Any other relevant document that supports the claim of the MSME supplier:

The MSME supplier may also provide any other document that supports their claim of delayed payment, such as communication with the buyer regarding payment, bank statements showing non-payment, or any other document that proves the buyer’s liability to make the payment.

Please note:

It is essential to ensure that all documents submitted on the portal are authentic and accurate, as any false or misleading information may result in rejection of the complaint.

Additionally, the MSME supplier should make sure that the complaint is filed within the specified time limit and all necessary information is provided to enable a speedy resolution of the dispute.

Once the complaint is filed on the MSME Samadhaan portal, the buyer will be given 15 days to respond. If the buyer fails to respond or disputes the claim, the case will be referred to the MSME Facilitation Council for further proceeding.

MSME Samadhaan is an important initiative by the Indian government to address the issue of delayed payments faced by MSMEs.

To file a complaint on the portal, the MSME supplier needs to provide certain documents that prove the delayed payment and support their claim.

It is essential to ensure that all documents submitted are authentic and accurate and that the complaint is filed within the specified time limit. This will enable a speedy resolution of the dispute and ensure that the MSME supplier receives timely payment for their goods or services.