MSME Recovery of dues

Legal services: MSME Recovery of dues

We offer legal advice and support for MSME Recovery of dues and guide our clients through the entire process.

As a rapidly expanding law firm based in Delhi, we specialize in helping our clients recover their MSME dues from buyers.

Our focus is on providing efficient and effective legal consultancy services.

MSME Recovery of dues

MSEs, which stands for Micro and Small Enterprises, have the option to recover unpaid dues or debts by filing a claim with the MSME Facilitation Council through MSME Samadhan.

The claim must be filed in the jurisdiction where the MSME is registered.

A claim for recovery of dues can be submitted to the MSMC if the payment has not been made within 45 days from the date on which the claim was accrued.

MSME Recovery of dues with statutory interest rate

An essential aspect of the MSME claims process is that the claimant is entitled to claim interest at a rate three times higher than the bank rate notified by the Reserve Bank of India.

This is applicable even if a specific interest rate has not been agreed upon by the parties involved.

As per Section 16 of the MSME Act, the supplier or service provider can claim the aforementioned interest rate.

It is important to note that this interest is compounded monthly. Therefore, the MSME claimants can benefit from a higher interest rate than what is typically awarded in a commercial suit.

MSME recovery of dues provisions

The MSMED Act of 2006 has established an efficient mechanism for the recovery of MSME dues.

Sections 15 through 18 outline the relevant provisions that establish the laws and procedures related to MSME dues recovery.

Section 19 provides the provisions related to appeals against orders or decrees passed.

Section 22 is particularly beneficial in the MSME dues recovery process, as it mandates an audit of the buyer’s account.

Additionally, Section 24 specifies that the provisions of the MSMED Act override any other laws.

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

Read here :                              

• What is MSME? 
• How MSME claim is filed?
• What is MSME Samadhan?
• Who are eligible for MSME Samadhan?
• Where can an MSME claim be filed? Jurisdictions
• How effective is MSME Samadhan?
• What are the benefits of MSME Samadhan?

Our legal services for MSME recovery of dues

We provide verities of legal services.

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 for MSME recovery of dues?

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

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

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

We help and assist 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

We 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 for MSME recovery of dues?

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.

In which location do we provide the services of MSME recovery of dues?

We are providing these services for our clients in the following locations:

Delhi

Noida

Greater Noida

Gurugram

Faridabad

Ghaziabad

Through our associate offices, we are also providing these services to various other major cities in India.

How can we be contacted?

For specific questions or queries related to our services for MSME recovery of dues, 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

• What is MSME? 
• How MSME claim is filed?
• What is MSME Samadhan?
• Who are eligible for MSME Samadhan?
• Where can an MSME claim be filed? Jurisdictions
• How effective is MSME Samadhan?
• What are the benefits of MSME Samadhan?
• Whether Limitation Act applies to claims under MSME Act?

Read more

Read more

FAQ in MSME Samadhan Portal

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Related Law Articles

• MSME Claim Settlement Procedure – A Boon for MSMEs.
• MSME Payment Delay – Legal way to recovery.
• MSME Samadha Scheme – the effective recovery system. 
• Delayed payments to micro and small enterprises – MSME Act.
• MSME online case filing – the process a significant step.
• MSME Case Filing – Step-by-Step Procedure.
• MSME & Limitation Act – Applicability on recovery proceeding.
• MSME Complaint – MSME Complaint Mechanism.
• Can Bank guarantee be accepted as 75% pre-deposit u/s 19 MSME Act?
• Can deposit of 75% u/s 19 of the MSME Act be in Instalments?
• Whether the condition of 75% deposit under sec 19 MSME act is mandatory?
• Whether mere notice of conciliation by the MSME facilitation council wipe out the legal defence of limitation?
• Court’s power to extend mandate in Arb proceeding under MSME Act.
• MSFC reference can be challenged in writ jurisdiction.
• MSME Complaint Online For Payment – through MSME Samadhan

Read more

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Related laws

• Micro, Small and Medium Enterprises Development Act, 2006
• Micro, Small and Medium Enterprises Development (Furnishing of Information) Rules, 2016
• MSME Fund Rules, 2016
• Micro, Small and Medium Enterprises (Amendment) Rules, 2022
• Rules of furnishing information on Plant & Machinery/Equipment

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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.