MSME Lawyer & Legal consultancy

MSME Lawyer and legal consultancy

Legal services: MSME Lawyer & Legal Consultancy

We are providing our legal services to MSMEs as MSME Lawyer and legal consultants. We help our clients in step by step process of MSME debt recovery. We assist our clients in the recovery of their MSME Claims from their buyers.

We are amongst the fastest-growing law firm in Delhi providing legal services and consultancy to MSMEs.

Why Recovery of Debt under MSME Laws?  

MSMEs often face delayed payments and non-payment of dues from their buyers, which can lead to financial difficulties and hamper their growth.

The MSMED (Micro, Small and Medium Enterprises Development) Act, 2006 provides a legal framework to address this issue and ensure that MSMEs are paid on time for their goods and services.

The Act mandates that all buyers, whether private or public, make payments to MSMEs maximum within 45 days of the acceptance of goods or services. If the buyer fails to make payment within this period, the MSME can initiate legal proceedings to recover the amount due, along with interest.

How Compounding interest provision under MSME Act is beneficial

One of the important aspects of the recovery proceeding under MSME law is that the claimant can claim interest at the rate i.e. 3 times the bank rate notified by RBI.

So, even if the rate of interest is not agreed upon, the supplier or service provider can claim the aforesaid rate of interest as per section 16 of the MSME Act.

As per law, this interest is compounded at monthly intervals.

So, the MSME claim gets a better interest rate than normally awarded in a commercial suit.  

MSME claim recovery provisions under MSMED Act

MSMED Act, 2006 provides an effective mechanism for MSME claim recovery provisions.

Section 15 to section 18 are the relevant provisions providing the laws and procedures related to MSME claim recovery. Section 19 provides provisions related to appeals against the order or decree passed.

Section 22 provides a mandatory audit of the buyer’s account, which is quite beneficial in the process of the MSME claim recovery.

Section 24 provides that these provisions of the MSMED Act, override every other law.

Filing of recovery claim under MSME laws

MSEs i.e. Micro and small enterprises can file MSME claims against their buyers before the MSME Facilitation Council within the jurisdiction they are registered.

Such MSME claims can be filed if payment is not made within 15 days and a maximum within 45 days from the date on which such claim is accrued.

To know the basics about MSME claims and related laws, you can access our frequently asked questions page.

Read here :                              

About us as MSME lawyer

We provide verities of legal services as MSME lawyer.

With robust team of lawyer and wide network we are helping our clients in all 11 districts in Delhi.

We are also helping our clients in NCR Regions (Noida, Greater Noida, Ghaziabad, Faridabad, Gurugram)

We are also helping our clients in Lucknow, Chandigarh and Panchkula region. 

What legal services do we provide to our clients as MSME lawyer?

Legal advisory on MSME claims

We provide effective legal advisory or consultancy in respect of each and every aspect touching MSME Claims and Legal consultancy.

Legal notices – MSME claims

Although prior legal notice is not mandatory, the legal notice fixes a base for initiating MSME claims.

We help and assist our clients in preparing for legal notice, drafting and sending it to the opposite party.

Reply to legal notices – MSME claims

We sit together with clients to understand their defence and accordingly prepare a reply to the legal notice received. The reply to legal notice is an essential element as it sets the client’s defence in motion.

Filing of MSME claims in MSME Samadhan.

MSME claims are set in motion when the client files its claim with MSME Samadhan.

We legally advise and assist our client to compile documents necessary for filing the claim in MSME Samadhan.

Claim before MSME Facilitation Council

We legally advise and assist our client in preparing an MSME claims petition along with the requisite documents to be filed with the related MSME Facilitation council. We also represent the claimant or petitioner before the MSME Facilitation council.

Defence before MSME Facilitation council

We legally advise and assist our client in preparing the defence against any MSME claim petition. We also represent the Buyer / respondent / defendant before the MSME Facilitation council.

Claim before an Arbitration proceeding

We legally advise and assist our client in a statement of claim and filing the same in the arbitration proceeding. We also represent the claimant or petitioner in arbitration proceedings.

Defence in an Arbitration proceeding

We legally advise and assist our client in preparing the defence against any statement of claim petition in arbitration proceedings.

We also represent the Buyer/ respondent / defendant in the arbitration proceedings.

Execution of Arbitral Award

Once an award or decree is passed in the arbitration proceeding, and the respondent or defendant does not pay, the award or decree is required to be executed against the respondent buyer.

We help, assist and represent our clients in the execution of the Arbitral awards.

Challenge or objection to the award by respondent

When the award is passed against the Buyer or respondent, the respondent must challenge or file an objection against the award in the court under section 34 of the Arbitration & Conciliation Act, 1996 read with section 19 of the MSMED Act.

We help and assist the respondent in preparing the objection and also to file and generally represent the respondent before the court in such objection or challenge.

Challenge or objection to the award by the claimant

If any award or any relief prayed for is not granted to the claimant in an arbitration proceeding, the claimant may file an objection to such arbitral award section 34 of the Arbitration & Conciliation Act, 1996 read with section 19 of the MSMED Act.

We help and assist the claimant in preparing the objection and also to file and generally represent the claimant before the court in such objection or challenge.

Appeal against the interim order in an Arbitration proceeding

If any appeal is required to be filed against any interim order in the arbitration proceedings. We help and assist our clients in preparing the same. We also represent our clients before the court.

Appeal against the final order arising out of arbitration proceeding.

If any appeal is required to be filed against any final order arising out of the arbitration proceedings. We help and assist our clients in preparing the same. We also represent our clients before the court.

Negotiation with the opposite party as MSME Lawyer

We also help and assist our clients in negotiating with the opposite party for early recovery or disposal of the MSME claims.

Representing clients before District Court as MSME Lawyer

We help and assist our clients in preparing any petition, applications etc., to be filed in the District courts in Delhi (All six district courts). We also help our client in doing the same before the Noida District Court, Ghaziabad District Court, Faridabad District Court and Gurgaon District court.

Representing clients before High Court as MSME Lawyer

Helping and assisting our client in any claim, petition etc., filed before the High Courts.

We also represent the clients in High Courts.

Representing clients before Supreme Court as MSME Lawyer

We do help and assist our client in any claim, petition etc. filed before the Supreme Court. We also represent the clients in Supreme Court.

Why do clients choose us as MSME Lawyer?

Best Legal Advice 

Issues may be complex. It is imperative to listen the client.

We give ear. We understand the issue, weigh them on legal parameters, and come out with practical solution.

Honouring Client’s Trust

Client has issues. He does not have the solution. He may not have the vision which goes to the solution.

Trust is bestowed upon a professional by client to give him solution in his best interest. To give him that clear vision which goes to solution.

We honor that trust.

Confidentiality

Client shares his issues with a professional. Such issues may contain non -public or confidential information of client.

We honor confidentiality of client.

How can we be contacted as MSME Lawyer?

For specific questions or queries related to our services as MSME Lawyer, we can be contacted by:

Fix an appointment: Any appointment can be fixed physically, telephonically or through video conferencing.

Email. mail@nbasociates.net : While emailing please do give your name and mobile number. Also, your queries or question should contain all relevant materials, which will help us to effectively answer your questions or queries.

Call: You may contact us at 9811899279. If the call is not picked up you can request a call back.

Whatsapp message: You can request a call back through WhatsApp message at the given number i.e. 9811899279

Telegram message: You can also request a call back through Telegram message at the given number i.e. 9811899279

Contact us form: You can send your questions or queries through the Contact us form appearing in the sidebar if you are using a desktop or appearing below on your using mobile.

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Frequently Asked Questions

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FAQ in MSME Samadhan Portal

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Related Law Articles

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Related laws

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Latest Notifications

  • Click here: Criteria for classifying the enterprises as micro, small and medium enterprises and specifies the form and procedure for filing the memorandum known as ―Udyam Registration.
  • Click here: Guidelines for calculating Investment in Plant & Machinery 
  • Click here: Udyam Registration: Clarification regarding the Financial Year in respect of the data of Investment, Turnover and Export from the IT Department and GSTN for effecting the Classification of MSMEs -reg.