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 Kerala 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 Kochi: what is specific here
Kochi’s seafood exporters, spice traders in Mattancherry and shipping agents around the port deal with both domestic and overseas buyers, and dues from hotels and resorts rise and fall with the season. Kerala’s Facilitation Council handles MSME claims, and the Ernakulam courts are experienced with Section 138 matters from the trading community.
Main industries: seafood processing and exports, spices trading, shipping and logistics, IT services and tourism and hospitality.
Courts: Judicial First Class Magistrate courts, Ernakulam, for Section 138; District Court, Ernakulam, and its Commercial Court for recovery suits; the Kerala High Court for high-value matters.
MSME claims: Udyam-registered micro and small suppliers in Kochi file on MSME Samadhaan, heard by the Kerala Micro and Small Enterprises Facilitation Council (Directorate of Industries and Commerce, Government of Kerala, Thiruvananthapuram). The Council sits where the supplier is, so a Kochi 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 Kerala 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.