Ans : MSME Samadhaan is a Portal created by Office of DC (MSME), Ministry of Micro, Small and Medium Enterprises (MSME) where Micro and Small Enterprises (MSEs) can file their applications online regarding delayed payments.

Ans : No, MSME SAMADHAAN online portal is developed by Ministry of MSME only to facilitate MSEs filing of their applications regarding delayed payments online. The application once filed is forwarded automatically online to the concerned Micro and Small Enterprise Facilitation Council (MSEFC) established by the State/UTs as per the provisions of MSMED Act, 2006. Action on the applications regarding delayed payment is taken by the concerned MSEFC only.

Ans: No. Only the MSEFCs have been empowered as per MSMED Act, 2006 for taking decisions regarding its reference made with them. This office does not intervene in the matters of MSEFCs. Ministry of MSME cannot interfere with judicial functioning of MSEFCs.

Ans: Yes, Udyam Registration (UR) is mandatory for availing all the schemes/benefits of this office including benefits under delayed payment provisions.

Ans: Registration for Udyam can be done online on the Udyam portal accessible through official website of Ministry of MSME free of cost at following address:-
https://udyamregistration.gov.in/Government-India/Ministry-MSME-registration.htm

Ans: As per the provisions of MSMED Act, 2006 and also the judgment of Hon’ble Supreme Court, the benefits of MSME registration cannot be taken retrospective. Hence, prior registration of the enterprise before the date of disputed invoice is mandatory for filing an application.

Ans: No. MSME Samadhaan Portal has been created only to facilitate online applications regarding delayed payments.

Ans: The applications are converted into case by the concerned MSEFC.

Ans : After submission, the application is automatically forwarded online to the concerned MSEFC. Therefore, concerned MSEFC is to be contacted after filing the application online on MSME Samadhaan Portal. The contact address of concerned MSEFC is mentioned on the acknowledgement sent on the registered email of the applicant.

Ans: Yes, work order is compulsory. In case purchase order is oral, an affidavit to that effect is to be submitted.

Ans: Multiple invoices can be combined into single PDF and can be uploaded. The affidavit of oral purchase order is to be included in single PDF.

Ans: OTP is sent to the registered email ID in Udyam Registration.

Ans: Enterprise can close an application, by following the given steps:-

1. Please check your application/case status by clicking on https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Entrepreneur_status.aspx


2. If application is converted into cases then MSEFC Council will take decision on the application / cases.


3. If your application is not converted into case then click on https://samadhaan.msme.gov.in/MyMsme/MSEFC/COM_MSEFC_EntLogin.aspx
   1. Enter valid udyog aadhaar/ Udyam registration number and mobile number;
   2. OTP will be sent on registered email id in Udyog aadhaar/ Udyam registration number;
   3. Enter OTP;
   4. After that click on Update Payment link, check your application. Then an enterprise can do mutual settlement of the application.

Ans: An enterprise having EM-II registration needs to approach the MSEFC concerned and the MSEFC may facilitate it in manually filing the application on Samadhaan portal after verifying the relevant documents.

Ans: if you have Udyog Aadhaar please migrate your Udyog Aadhaar in Udyam registration (https://udyamregistration.gov.in/). After that the unit (with Udyog Aadhaar number in point no 3 in MSME Samadhaan) details will be displayed then please file your application from the unit.

Ans: Enterprises is requested to update the investment and turnover detail in Udyam registration.

Ans: The enterprise may select MSEFC of State of corporate office or MSEFC of State of unit as mentioned in Udyam Registration, the place from where the dispute of delayed payment arises. i.e. Enterprise may select MSEFC on the basis of the registered office as well as its branch units given in the Udyam Registration

Ans: Categories admitted in MSEFCs are in respect of good manufacturing and service rendering sector for which UR has been obtained except registration for NIC codes 45, 46 & 47 and MSEs registered as trading units.

Ans: No.

Ans: Yes.

Ans: No. The petition is to be rejected summarily.

Ans: Breach of contract is not within scope of MSMED Act, 2006. Rejection of goods should be genuine within 15 days of the receipt of goods and its immediate communication to supplier.

Ans: On a monthly compounding basis.

Ans: Yes.

Ans: Yes, the member can dissent. It is to be recorded. But majority decision prevails.

Ans: No. It is not commercial conciliation or analysis of various contractual liabilities. It is simple arbitration to get compliance of Section 16 of MSMED Act, 2006.

Ans: State Government under Section 20 of MSMED Act, 2006.

Ans: Procedure is under Section 36 of Arbitration and Conciliation Act, 1996.

Ans: Yes.

Ans: If amount is claimed in the Civil Court, then it cannot be claimed before MSEFC.

Ans: It is to be decided as per instructions of the Higher Court.

Ans: No.

Ans: Limitation Act is applicable as per Supreme Court judgment in Silpi Industries vs. Kerala Govt.

Ans: Yes. It is necessary as submission is required duly signed and verified.

Ans: It is at the discretion of the MSEFC Council and it can exercise it own diligence by giving opportunity to the applicant since he has to prove his claim before council.

Ans: No. The provisions of delayed payment under MSMED Act, 2006 are not applicable to overseas companies.

Ans: Deceased buyer is liable through his legal heirs: But dissolved company is always under some authority and claim is maintainable.

Ans: A Company through its M.D. with resolution of Board of Directors and Partnership firms through its Managing Partner/s.

Ans: No. Acknowledgements on invoice, delivery challans or part payment, email etc. are all accepted.

Ans: No. On the contrary they are expected to act without fear and favour.

Ans: Yes. Award should bear round seal on every page. Original is to be retained by the MSEFC and only certified copies are to be delivered.

Ans: The physical presence of quorum of three Members is must as per MSMED Act, 2006.

Ans: Changes have been made in the Samadhaan Portal in accordance with S.O.4926 (E) dated 18.10.2022. The Notification mentions that in case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise shall continue to avail of all non-tax benefits of the category (micro or small or medium) it was in before the re-classification, for a period of three years from the date of such upward change. Accordingly, a small enterprise growing to Medium and covered by the Notification can avail the provision for delayed payment as per Chapter-V of the MSMED Act, 2006.