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 Maharashtra Micro and Small Enterprises Facilitation Councils (regional councils for Mumbai, Pune, Nashik, Nagpur, Aurangabad and Amravati regions): 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 Nagpur: what is specific here
Nagpur’s position at the centre of India makes it a logistics and distribution hub in Butibori and MIHAN, and a supplier base for power, mining and steel companies in Vidarbha. Transport operators and distributors here carry freight and stock dues from large companies; MSME units supplying PSUs can use Samadhaan, and the Nagpur Bench handles larger disputes.
Main industries: logistics and warehousing, agri-trading and oranges, steel and power equipment, mining supply and pharma distribution.
Courts: Judicial Magistrate First Class courts, Nagpur, for Section 138; District Court, Nagpur, and its Commercial Court for recovery suits; the Bombay High Court Nagpur Bench for high-value matters.
MSME claims: Udyam-registered micro and small suppliers in Nagpur file on MSME Samadhaan, heard by the Maharashtra Micro and Small Enterprises Facilitation Councils (regional councils for Mumbai, Pune, Nashik, Nagpur, Aurangabad and Amravati regions) (Directorate of Industries, Government of Maharashtra, Mumbai, and regional Joint Director of Industries offices). The Council sits where the supplier is, so a Nagpur 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 Maharashtra Micro and Small Enterprises Facilitation Councils (regional councils for Mumbai, Pune, Nashik, Nagpur, Aurangabad and Amravati regions) 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.