Dear sir, I had given a service to a party, after the work was over, I had deducted 75% of the bill from him and had asked him to deduct the remaining 100% in the mail 2 months ago but he did not reply, then I revised the same bill after 1 month. Made it 100% and deposited GST after 1 month and then after 2 months (after repeated reminders) he mailed me that my work has got spoiled because of you and I will not accept this bill. On the same day I messaged him. I complained and still got no response. Notice was given by mail to us after 15 days. What we do
Sir; as per MSMED act, if no written complaint is made within 30 days then it is considered deemed acceptable, Also, merely raising frivolous issues will not affect your case, in case no Debit Note has been raised by them then is such case they are liable to make the complete payment along with interest. I would suggest you file your case under MSME Samadhaan.
Are Garment Manufacturers eligible to file cases under MSME Act ? What would be the best mode to recover my payment I also have security cheques of the buyer.
Yes Ma'am, any type of Manufacturers are eligible to file case under MSME Samadhaan, To ensure prompt payments you can file your case under MSME Samadhaan and also along with it you should initiate proceedings under section 138 of the Negotiable Instruments Act too so as to put maximum pressure on the Buyer. The proceedings under MSME Samadhaan are civil proceedings whereas dishonour of cheques is a criminal offence and therefore you can opt both these modes simultaneously.
Sir case against buyer is filed in civil court under CPC order 37 . Can I also file a case in msme samadhan against the buyer.? We are msme registered sir
Yes sir, you can file your case against the buyer under MSME Samadhaan irrespective if the buyer has filed a civil case, Your recovery proceedings under MSME shall be treated Separately and shall have an overriding effect.
Namaste according to ur procedure i filed case and after filing the case just in 2 3 month the respondand did the delayed payment..now please tell me how to close the case in msme portal
We are glad that your case got settled because of our video. Now since the payment has been made by the buyer, you can withdraw the case on the portal itself, you need to log in on the portal and then select the case and then you need to mention the amount of payment which has been received. If it’s the complete amount you will be able to withdraw the entire case. Both the parties will receive an Email & Message once the case is withdrawn
It is very good presentation. Thank you so much. I have one query for my payment recovery . I have got reward from arbitrary and I am in the execution of it. But now after 6 months from reward passed buyer is not willing to pay and want to go in appeal. What is the course of action we can take in this ? I may call you for this if you can help please
You should continue with the execution of the Decree, also the execution can be filed both in the Civil Court and also before the District Magistrate/ Collector. The Appeal can be filed only after the 75% of the awarded amount is deposited by the court. Your course of action should be to continue with the appeal. In case you want to reach out to us, you may do that by calling on the numbers mentioned in the Description
Hello sir... I have visited MSEFC-Nashik office and they said that they are not accepting affidavit in place of purchase order... Purchase order is mandatory so What should I do now??? Please sir suggest me best possible solution for this🙏
They cannot say that. There is no such notification making the Purchase Order compulsory, you should strongly challenge this procedure and ask them under which notification has this been made compulsory. You can also ask them to see the FAQs mentioned on the MSME Samadhaan Website which clearly states that the Affidavit will be equally acceptable in the place of Purchase Order.
Mr. Dhawan, To initiate a Case under MSME Samadhaan you would require to be registered under the same only then you can file a case on the MSME Samadhaan portal.
Sir I am wholesaler of footwear. Factory person give the stock and 1 sales man. But his salesman distribut maximum stock in market but not recover the payment in market then I will pressure to him for market payment.he left the job payment not received in market some retailer return stock for bad quality ...I will say take back ur stock but he don't take . And fill a case on me. What will I do. thanks
Sir, if the stock was of bad quality then you should inform the Seller in writing, as per MSMED act, if you don’t inform the seller then in that case it will be considered ‘Deemed Acceptance’. The best way is to return the stock and persuade the seller, else if he files a case in MSME Samadhaan then it can go against you.
Sir, if you have raised GST Invoice or have Challans, E-way Bills to support that you have made the payment then even if the opposite party denies receiving any Goods, such frivolous defence is not maintainable.
Sir I have understood the whole topic which you talked about, but there is a small problem that when talking about uploading a file online, what to do if it is bigger than 1 MB.
There are various online tools to compress the file of the scans, you can use that. Also, if the file is still too large you can skip uploading few invoices and can later submit it to the MSME Council.
Case Ex-Parte decide hoga and award bhi accordingly pass ho jayenge. Uske baad Ussi ka basis Pe execution file karni hogi of the same award to effectuate the same.
As per the Silpi Industries Vs Kerala State Road Transport Corporation, the invoices have to be after Regisreration. However, in case you still want to file it then raise new performa invoice for the interest amount on the older invoice. Then you will be able to file and contest your case under MSME Samadhaan.
Sir if my purchase order date is before my udayam registration date and also i was not registered under udyog aadhar, can i file case under delayed payment act Please guide urgently because my case is disallowed after 3years. I also had 1 proceeding, but i was not questioned about date of registration and on the 2nd proceeding they asked my registration date, which is of 2020 and my purchase orders are of 2018. Regards Shreepal Oswal Pune
Sir, unfortunately the date of registration has to be prior to the date of supply. You still have other means to recover your money as explained in this video.
Nice
Thanks.
Thank you, sir! Qpki help se mere msme case ke paise recover ho gai. Thank you!
Thanks Saarthak Ji, I am glad we could be of help to you.
Excellent presentation on the matter of delayed payments among MSMEs. The clarity in explanation is highly commendable. Well done!!
Thank you for the kind words, we are glad that it was helpful.
Very interesting and knowledgeable
Thank you sir for sharing such useful information. Great webinar !! 🙌🙏
Most Welcome! Thanks for all the support 😊
33:08 can you please share the notice format
Kindly email me at - anmol@bakshiandassociates.com
@@bakshiassociates8546 hello sir, I have mailed you.
While case entry it is asking invoice date prior 1/07/2022 for enterprise case filing
Sir we had file a case from MSME samadhan and we had received the pending amt so what will be the process to close the case .....?
Sir VERBAL ORDER PE DEPONENT PE KISKA SIGN HOGA
Jiska affidavit hai uska hoga. Company ka representative ya owner.
@@bakshiassociates8546 ok
Thanks sir 👍
Dear sir,
I had given a service to a party, after the work was over, I had deducted 75% of the bill from him and had asked him to deduct the remaining 100% in the mail 2 months ago but he did not reply, then I revised the same bill after 1 month. Made it 100% and deposited GST after 1 month and then after 2 months (after repeated reminders) he mailed me that my work has got spoiled because of you and I will not accept this bill. On the same day I messaged him. I complained and still got no response. Notice was given by mail to us after 15 days.
What we do
Sir; as per MSMED act, if no written complaint is made within 30 days then it is considered deemed acceptable,
Also, merely raising frivolous issues will not affect your case, in case no Debit Note has been raised by them then is such case they are liable to make the complete payment along with interest. I would suggest you file your case under MSME Samadhaan.
Are Garment Manufacturers eligible to file cases under MSME Act ? What would be the best mode to recover my payment I also have security cheques of the buyer.
Yes Ma'am, any type of Manufacturers are eligible to file case under MSME Samadhaan, To ensure prompt payments you can file your case under MSME Samadhaan and also along with it you should initiate proceedings under section 138 of the Negotiable Instruments Act too so as to put maximum pressure on the Buyer. The proceedings under MSME Samadhaan are civil proceedings whereas dishonour of cheques is a criminal offence and therefore you can opt both these modes simultaneously.
Sir on the msme samadhan portal cases are not being registered which has a bill date of 2023. What to in such a situation?
Sir, this is a common issue and can be easily corrected by updating the udyam registration card.
Sir case against buyer is filed in civil court under CPC order 37 .
Can I also file a case in msme samadhan against the buyer.?
We are msme registered sir
Yes sir, you can file your case against the buyer under MSME Samadhaan irrespective if the buyer has filed a civil case,
Your recovery proceedings under MSME shall be treated Separately and shall have an overriding effect.
SIR, I have taken all orders by email, thus we need to file an affidavit or a notary is acceptable WHILE FILLING A CASE IN MSME
@@ajay-bp6ee yes, mail me at anmol@bakshiandassociates.com
Sir if buyer is not able to pay .if buyer is fiancically death than what to do ?
Sir. Then his property will be attached, bank accounts will be freezed and he may be send to civil imprisonment.
Namaste according to ur procedure i filed case and after filing the case just in 2 3 month the respondand did the delayed payment..now please tell me how to close the case in msme portal
We are glad that your case got settled because of our video. Now since the payment has been made by the buyer, you can withdraw the case on the portal itself, you need to log in on the portal and then select the case and then you need to mention the amount of payment which has been received. If it’s the complete amount you will be able to withdraw the entire case. Both the parties will receive an Email & Message once the case is withdrawn
what to do if the respondent does not appear for conciliation process how can we apply for ex parte ?
It is very good presentation. Thank you so much. I have one query for my payment recovery . I have got reward from arbitrary and I am in the execution of it. But now after 6 months from reward passed buyer is not willing to pay and want to go in appeal. What is the course of action we can take in this ? I may call you for this if you can help please
You should continue with the execution of the Decree, also the execution can be filed both in the Civil Court and also before the District Magistrate/ Collector.
The Appeal can be filed only after the 75% of the awarded amount is deposited by the court.
Your course of action should be to continue with the appeal. In case you want to reach out to us, you may do that by calling on the numbers mentioned in the Description
Sir apki explain bohut achi hai sir My claim is 5cr too free kitna lagega Or arbitration me jate hai too uski fees kitna hoga? Please🙏
Thank you, Arbitration Fees depends on the council where you are registered. You can contact us at +91 79-82637108 to know more.
Sir does limitation act apply to claims under MSME?
Yes. Since it is a civil recovery matter, limitation act is applicable on claims falling under MSME Samadhaan.
Hello sir...
I have visited MSEFC-Nashik office and they said that they are not accepting affidavit in place of purchase order...
Purchase order is mandatory so What should I do now???
Please sir suggest me best possible solution for this🙏
They cannot say that. There is no such notification making the Purchase Order compulsory, you should strongly challenge this procedure and ask them under which notification has this been made compulsory. You can also ask them to see the FAQs mentioned on the MSME Samadhaan Website which clearly states that the Affidavit will be equally acceptable in the place of Purchase Order.
Sir to file case in haryana is it necessary to have haryana udhyam memorandum no.
For filing the case before MSEFC council, Panchkula/Chandigarh we need to have a Haryana Udyam card only then the case can be filed.
If we are not registered in msme but we are an msme can we still use this procedure?
Mr. Dhawan, To initiate a Case under MSME Samadhaan you would require to be registered under the same only then you can file a case on the MSME Samadhaan portal.
Sir I am wholesaler of footwear. Factory person give the stock and 1 sales man. But his salesman distribut maximum stock in market but not recover the payment in market then I will pressure to him for market payment.he left the job payment not received in market some retailer return stock for bad quality ...I will say take back ur stock but he don't take . And fill a case on me. What will I do. thanks
Sir, if the stock was of bad quality then you should inform the Seller in writing, as per MSMED act, if you don’t inform the seller then in that case it will be considered ‘Deemed Acceptance’.
The best way is to return the stock and persuade the seller, else if he files a case in MSME Samadhaan then it can go against you.
IF SOMEONE IS DENYING FOR SENT GOODS AFTER RECEVING THE PAYMENT, WHAT SHOULD WE DO?
Sir, if you have raised GST Invoice or have Challans, E-way Bills to support that you have made the payment then even if the opposite party denies receiving any Goods, such frivolous defence is not maintainable.
Sir
I have understood the whole topic which you talked about, but there is a small problem that when talking about uploading a file online, what to do if it is bigger than 1 MB.
There are various online tools to compress the file of the scans, you can use that. Also, if the file is still too large you can skip uploading few invoices and can later submit it to the MSME Council.
Thank you so much sir
Agar Buyer MSME ke notice per nahi aata hai to kya action hoga?
Case Ex-Parte decide hoga and award bhi accordingly pass ho jayenge. Uske baad Ussi ka basis Pe execution file karni hogi of the same award to effectuate the same.
sir one thing to know that after registration complete can we send previous outstanding invoice(before registration) for portal are valid or not
As per the Silpi Industries Vs Kerala State Road Transport Corporation, the invoices have to be after Regisreration.
However, in case you still want to file it then raise new performa invoice for the interest amount on the older invoice. Then you will be able to file and contest your case under MSME Samadhaan.
@@bakshiassociates8546 thanks for replying
Its showing traders not allowed
Any other option
I have Mail you Anmol Bhai kindly check n let me know pls.
Okay Sameer Bhai. Will respondent to you.
Sir if my purchase order date is before my udayam registration date and also i was not registered under udyog aadhar, can i file case under delayed payment act
Please guide urgently because my case is disallowed after 3years.
I also had 1 proceeding, but i was not questioned about date of registration and on the 2nd proceeding they asked my registration date, which is of 2020 and my purchase orders are of 2018.
Regards
Shreepal Oswal
Pune
Sir, unfortunately the date of registration has to be prior to the date of supply. You still have other means to recover your money as explained in this video.