For years, buyers resisting MSME claims have used a tactical escape hatch filing writ petitions under Articles 226 or 227 of the Constitution to delay or invalidate awards passed by the MSME Facilitation Council (MSEFC). But that era is fast closing. Challenging MSME Awards via Writ Petition: Courts Uphold Limited Interference. Courts across India, backed […]
If you’re an MSME that’s secured an award through the MSME Facilitation Council, the real fight often begins after the victory. Many buyers try to delay enforcement by rushing to High Courts under Article 227 or 226 of the Constitution. But a game-changing provision in the MSMED Act, 2006—Section 19—requires a buyer to deposit 75%
The 75% Rule in MSME Award Challenges: Why Buyers Can’t Bypass It Anymore Read More »
MSMEs often face delayed payments with little recourse—but that’s changing. Under the MSME Samadhaan portal and the MSMED Act, small suppliers can now initiate powerful recovery actions through Facilitation Councils. Even arbitration clauses in contracts don’t override this special law, as confirmed by the Supreme Court in the landmark Haricharan Dass Gupta v. Union of
Haricharan Dass Gupta v. UOI: Landmark Judgment Reshaping MSME Arbitration Read More »
When businesses in India have disagreements, especially about getting paid, there are usually two main ways to try and sort things out without going through the long process of a regular court case. These are Arbitration vs. MSME Samadhan The issue here is that it is not very clear how these two systems work together,
Arbitration vs. MSME Samadhan: Understanding the Legal Procedures Read More »
The Micro, Small, and Medium Enterprises Development (MSMED) Act, 2006, provides an important legal framework for safeguarding the interests of small businesses in India. Numerous landmark judgments have defined and clarified the application of this Act, especially in the context of MSME Samadhan cases. In this article, we cover the most significant judgments that have
Most Important MSME Samadhan Cases ruled by Indian Courts Read More »
The Micro, Small, and Medium Enterprises Development (MSMED) Act, 2006, aims to provide a framework for the promotion, development, and enhancement of the competitiveness of small enterprises in India. However, there is an ongoing debate about delay in filing MSME claims. Whether the provisions of the Limitation Act, 1963, are applicable to claims under the
Timely payments are the lifeblood that ensures the survival and growth of Micro, Small, and Medium Enterprises (MSMEs), However, delays in payment from buyers can significantly impede their financial health. Recognizing this, the Indian government has established the MSME Samadhan portal, a robust mechanism designed to address and resolve payment delays efficiently. This blog post
Step-by-Step MSME Samadhan Procedure for Delayed Payments Read More »
Delayed Payments to MSMEs: Impact on Corporate Tax Deductions from FY 2023-24 Starting April 1, 2024, the Indian financial scene will undergo a major change for the Assessment Year 2024-25. This change mainly affects Micro, Small, and Medium Enterprises (MSMEs). It comes from changes made to the Income Tax Act and the Micro, Small and
In the world of business, Micro, Small, and Medium Enterprises (MSMEs) play a vital role in driving economic growth and employment opportunities. However, MSMEs often face challenges related to delayed payments from buyers or clients. To address these concerns, the Government of India introduced the MSME Samadhaan initiative. This article aims to shed light on
What Are the Common Errors to Avoid in Msme Samadhaan Procedures? Read More »
Seeking legal advice for MSME Samadhaan claims is crucial for small businesses navigating the resolution process. In this article, we will discuss the importance of obtaining legal guidance when dealing with MSME Samadhaan claims. Read More: Importance of MSME Samadhaan Best Strategies in filing MSME Samadhaan Proceedings Complex Legal Procedures MSME Samadhaan claims involve specific
Why is It Crucial to Seek Legal Advice for Msme Samadhaan Claims? Read More »
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