Reference

Interest on delayed MSME payments: the rate and how to compute it

Section 16 of the MSMED Act makes the buyer liable to pay compound interest with monthly rests at three times the bank rate notified by the RBI, from the appointed day (the day after the 45-day or agreed period ends). This is not optional and cannot be waived by contract.

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Short answer

The statutory rate is three times the RBI bank rate, compounded monthly. The bank rate moves with the repo rate (it has been set at repo + 0.25%): for example, a bank rate of 6.75% means 20.25% a year on the delayed amount. Use the MSME interest calculator to compute your claim.

Worked example

Suppose ₹10,00,000 is accepted on 1 January with no written credit period, so it falls due on 16 January (15 days). If the bank rate is 6.75%, the statutory rate is 20.25% a year, or 1.6875% a month compounded. After 12 months of delay the interest is roughly ₹2,22,000 (₹10,00,000 × (1.016875^12 − 1)), so the claim is about ₹12,22,000 before costs. The exact figure depends on the bank rate in force during each month of delay.

The bank rate is published by the RBI with each monetary policy statement. Always compute with the rate(s) applicable during the delay period; the calculator lets you enter the rate.

How FundRaksha claims it

The legal notice computes the interest to date and states that it continues to accrue daily. Most buyers settle the principal quickly once the interest figure is in writing. Where the matter goes to the Facilitation Council, the award includes interest at the statutory rate. The free consultation includes a computation for your invoices; our fee is 30% only on what is recovered.

Non-MSME suppliers

Medium enterprises, traders and unregistered suppliers cannot claim the Section 16 rate. They claim interest under the contract, under Section 34 CPC / the Interest Act, 1978 at a rate the court finds reasonable (commercial rates are usually allowed), or under the arbitration clause. See the late payment interest calculator.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
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  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

Yes, as income when received. For the buyer, Section 23 of the MSMED Act disallows it as a deduction.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.