Your rights as an MSME supplier
| Right | What it means for you |
|---|---|
| Section 15, MSMED Act | The buyer must pay by the agreed date, never later than 45 days from acceptance; with no written agreement, within 15 days |
| Section 16 | Compound interest with monthly rests at three times the RBI bank rate on the delayed amount |
| Section 18 | Reference to the Uttar Pradesh Micro and Small Enterprises Facilitation Council: conciliation, then arbitration, aiming to decide within 90 days |
| Section 43B(h), Income-tax Act | The buyer loses the tax deduction for the year if it pays you late |
| Section 22, MSMED Act | Companies must disclose unpaid MSME dues in their accounts |
Register on Udyam before you supply, not after the dispute. Courts have held that the benefits apply to supplies made after registration. Traders are generally outside the delayed-payment provisions.
Recovering B2B dues in Kanpur: what is specific here
Kanpur’s leather cluster in Jajmau and its hosiery and engineering units supply traders and brands across north India, frequently on 90-day credit with post-dated cheques. Exporters face a separate set of problems with overseas buyers. For domestic dues, Section 138 and MSME Samadhaan are the workhorses, backed by a legal notice that puts the buyer on record.
Main industries: leather and footwear, textiles and hosiery, engineering and fabrication, plastics and defence and ordnance supply.
Courts: Judicial Magistrate courts, Kanpur Nagar, for Section 138; District Court, Kanpur Nagar, and its Commercial Court for recovery suits.
MSME claims: Udyam-registered micro and small suppliers in Kanpur file on MSME Samadhaan, heard by the Uttar Pradesh Micro and Small Enterprises Facilitation Council (Directorate of Industries, Government of Uttar Pradesh, Kanpur). The Council sits where the supplier is, so a Kanpur supplier can pursue a buyer in another state from home.
How FundRaksha files MSME Samadhaan for you
- We check your Udyam status, the supply dates and the acceptance to confirm eligibility.
- Your advocate sends a legal notice citing Sections 15 and 16, with the interest computed to date.
- If the buyer does not settle, we file the application on samadhaan.msme.gov.in with the invoices, proof of delivery and the ledger.
- The Uttar Pradesh Micro and Small Enterprises Facilitation Council calls both sides for conciliation; if that fails, it arbitrates and passes an award.
- The award is enforced like a decree; a buyer who appeals must deposit 75% of the amount first.