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MSME Debt recovery - E Samadhan

KOWDILYA Consultancy Services Pvt Ltd is a leading professional Company with deep expertise in MSME debt recovery, helping Micro, Small, and Medium Enterprises across India resolve delayed payment issues efficiently and lawfully under the MSMED Act, 2006.

We understand the financial stress and operational challenges caused by payment delays. With our specialized knowledge of the MSME Act, the MSME Samadhan portal, and Facilitation Council procedures, we provide end-to-end support for:

Filing MSME claims for outstanding dues
Representing MSMEs before MSE Facilitation Councils
Drafting affidavits, interest calculations, and legal documentation
Ensuring compliance with government notifications and deadlines
Assisting in recovering interest at 3x RBI bank rate on delayed payments
Resolving disputes through conciliation or legal order

We ensure our clients receive their rightful dues within the 90-day window specified by law, while maintaining a professional approach that safeguards business relationships.

Whether your buyer is a corporate, public sector company, government department, KOWDILYA is your reliable partner to recover your payments with confidence and legal backing.

Key Features of the Micro, Small, and Medium Enterprise Development (MSMED) Act:

Establishment of MSE Facilitation Councils: State Governments are required to set up Micro and Small Enterprise Facilitation Councils (MSEFCs) in each district to resolve disputes related to delayed payments. These councils are responsible for ensuring prompt resolutions.
Time-Bound Resolution: The Act mandates a strict timeline for resolving payment disputes through the MSEFCs, ensuring that MSMEs receive timely decisions. Buyers must settle claims within 90 days from the date the MSEFC issues its notice.
Supplier's Right to Legal Action: If a supplier does not receive payment within 45 days of providing goods or services, they have the right to file a debt recovery case at the MSEFC. This can apply to any type of buyer, including MSMEs, publicly listed companies, government departments, or foreign buyers.
Right to Interest: MSMEs have the right to charge interest on overdue payments, protecting them against late payments. If a buyer fails to pay within 45 days of accepting the goods or services, they must pay compound interest at three times the RBI's bank rate, calculated monthly until the payment is made.
Mandatory Declaration of Outstanding Payments: Buyers must report any outstanding payments to MSME suppliers in their annual financial statements, promoting transparency and accountability.
Interest Deduction Disallowed: Buyers cannot claim deductions on interest paid or payable for late payments when filing income tax returns. This encourages timely payments.
Appeal Process: The Act provides an appeal process but requires the buyer to deposit 75% of the decreed amount before any court can entertain an appeal against the Facilitation Council's decision.
Local Jurisdiction for Legal Proceedings: Suppliers can file cases in the jurisdiction of their respective MSEFCs, even if the purchase or work order specifies a different location for dispute resolution.
Multilingual Proceedings: Proceedings can be conducted in local languages, with English used for clarity by higher courts.
Old Disputes: The Facilitation Council will not consider cases where payments have been overdue for more than three years.
No External Influence: The dispute resolution process is fair and free from external manipulation. Even the Ministry of MSME cannot interfere in the process.

These provisions are designed to safeguard the interests of MSMEs, ensuring they are paid on time and can pursue legal action if necessary to resolve payment issues.

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