MSMSE SAMADHAAN

Essentials
 Applicant must be involved in manufacture of good/ provision of services. Not applicable
to Traders.
 Delay of 45 days or beyond in payment by the buyer.
 Supplier cam claim Principal Amount + Interest under MSMED, 2006
 Penal Interest = monthly compounding of 3x of bank interest rate notified by RBI
(Sec.16, MSMSED,2006)
 Can be filed against MSME/Govt. Agency/Foreign Buyer/Deceased Buyer’s Legal Rep.s
 The supplier should not have moved a reference before the civil Court on the same
dispute.
 The applicant has to first file online via MSMSE SAMADHAAN following which a
notice will be sent to the buyer(s) ordering payment of dues within 15 days of the receipt
of the notice.
 If the buyer fails to comply only then can a supplier make a representation to MSEFC as
well.

Telangana State Micro and Small Enterprises Facilitation Council Rules, 2017

6. Procedure to be followed in the discharge of functions of the Council

(i) An aggrieved Micro or Small Enterprise [MSE] unit can move a reference to the Micro and
Small Enterprises Facilitation Council having jurisdiction of the area in the format provided as
Form-1 (PAGE – 6-7) of these rules.

The reference must have the

 Udyog Aadhar Memorandum (UAM) number,

 mobile number and

 email address of aggrieved MSE unit as provided in Form-1.

(ii) Such references should be attached with fee or processing charges as notified by the
Government vide Para 3(iv) above and with an undertaking from aggrieved MSE unit
that it has not moved a reference before the civil Court on the same dispute.

(iii) Upon receipt of references from the supplier MSE unit, the Secretariat of the Council I
shall enter the data in the web portal created for this purpose.

(iv) After entering the data, acknowledgment of the receipt of reference shall be issued by
the Secretariat to the applicant MSE unit through email.

(v) The Council may examine the reference at preliminary stage to check regarding the fee or
competency of MSE unit to file the reference.

(vi) In case if the reference or the particulars entered in it are not found to the satisfaction of
Council, it may return the reference.

(vii) At least seven days' notice shall ordinarily be given for any meeting. However, in case
of urgency a meeting may be called at such shorter notice as the Chairperson may
consider sufficient;

(viii) The Council may appoint/or engage the services of one or more experts in terms of
Section 26 of the Arbitration and Conciliation Act, 1996.

(ix) The Council, or a party to the dispute with the approval of the Council, may apply to the
Court under Section 27 of the Arbitration and Conciliation Act, 1996, for assistance in
taking evidence.
(x) The reference/application of the aggrieved micro or small enterprises supplier shall
contain –

 full particulars of the supplier and its status,

 supplied goods or services,
 terms of payment, if any, agreed between the supplier and buyer,
 actual payment received with date,
 amount due and the interest duly calculated under Section 16 of the Act,
supported by an affidavit, with necessary Court fee stamp affixed thereon.

 The Chairperson of the Council may require any petitioner to provide further
particulars of the claim or any relevant documents in support of the claim as he may
consider necessary for the purpose of the proceedings.

 If the petitioner fails or omits to do so within fifteen days of receipt of such

communication or within such further time as the Chairperson may, for sufficient
cause, allow, the Council may terminate the proceedings without prejudice to the
rights of the petitioner to make fresh reference if he is otherwise entitled so to do. The
petitioner shall also simultaneously send a copy of the reference to the buyer or
buyers against whom the reference is directed.

(xi) The reference/application shall be acknowledged forthwith if it is delivered at the Office

of the Council. Where the reference/application is received by registered post, its receipt
shall be acknowledged on the same day. The Chairperson shall cause the buyer to furnish
his detailed response to the reference within fifteen days of receipt of the reference by the
buyer or within such further time not exceeding fifteen days, as he may, for sufficient
cause, allow.
(xii) On receipt of a reference under Section 18 of the Act, the Chairperson of the Council
shall cause the reference and the buyers response thereto to be examined and, on being
satisfied with the reference making a prima facie case of delayed payment, cause the
reference to be placed before the Council at its next immediate meeting for consideration.
The Chairperson shall also ensure that each reference received within two weeks of the
date of the last proceeding meeting of the Council to examine and if found in order, it
place for consideration of the Council at its next immediate meeting.

(xiii) The Council shall either itself conduct conciliation in each reference placed before it or
seek the assistance of any institute or centre providing alternate dispute resolution services
by making reference to such an institution or centre, for conducting conciliation. The
provisions of Sections 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply
to such a reference as if the conciliation was initiated under Part III of that Act.

(xiv) The Council or the institute to which it has been referred for conciliation shall require
the supplier and the buyer concerned to appear before it by issuing notices to both parties
in! this behalf. On the acceptance of both parties, the Council or the institute shall first
make efforts to bring about conciliation between the buyer and the supplier. The institute
shall submit its report to the Council within fifteen days of reference from the Council or
within such period as the Council may specify.

(xv) When such conciliation does not lead to settlement of the dispute, the Council shall
either itself act as an Arbitrator for final statement of the dispute or refer it to an institute
for such arbitration, in accordance with the provisions of the Arbitration and Conciliation
Act, 1996. The supplier or the buyer may, either in person or through his lawyer registered
with any Court, present his case before the Council or the institute during the arbitration
proceedings. The institute shall submit its report to the Council within such time as the
Council may stipulate.
 (xvi) The Council after finalizing the award, or receiving the award from the institute shall
consider the case and pass appropriate final orders in the matter.

(xvii) Any decision of the Council shall be made by a majority of its members present at the
meeting of the Council.

(xviii) The Council shall make an arbitral award in accordance with Section 31 of the
Arbitration and Conciliation Act, 1996 and within the time specified in sub-section (5) of
Section 18 of the Act The award shall be stamped in accordance with the relevant law in
force. Copies of the award shall be made available within seven days of filing of an
application.

(xix) The provisions of Sections 15 to 23 of the Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.

(xx) The Chairperson or any other officer authorized by the Chairperson shall forward the
proceedings of every meeting of the Council including annual progress report of the
Council to the Member-Secretary of the Advisory Committee constituted under subsection
(3) of Section 7 of the Act.

7. Reference to be by statement of claim. –

(1) A reference to the Council shall be made by way of a statement of claim in Form 1
accompanied by such documents and facts supporting his claim enclosing the requisite number
of copies together with an initial share deposit towards costs of an amount of rupees one
thousand by way of a demand draft in the name of the Chairman, TSMSEFC, Hyderabad.
(2) If any reference contains any claim in respect of the matters other than those referred to in
sub-section (1) of Section 6 of the Act, the Council shall return the claim to the claimant for
deletion of the matters extraneous to that section:
Provided that if the claimant does not comply within thirty days of such return, the Council may
terminate the proceedings without prejudice to the right of the claimant to make any fresh
reference if he is otherwise entitled so to do.

(3) The Council may require any claimant to provide any better statement or particulars of claim
or any further documents in support of the claim as it may consider necessary for the purpose of
the proceedings and if the claimant fails or omits to do so within thirty days of receipt of any
such communication or within such further time as the Council may, for sufficient cause, allow,
the Council to terminate the proceedings without prejudice to the right of the claimant to make
any fresh reference if he is otherwise entitled so to do.

NOTE –

 The statement of claim attached with the application is advised to be certified by a

Chartered Accountant.
 Hard copy of the claim is to be submitted
 Multiple invoices can be merged in a single claim (max. 3)

TSMSEFC’S

MSEFC Telangana

Address:- Commissioner of Industries Commissionerate of Industries Government of Telangana

Chirag Ali Lane, Abids, Hyderabad
State:- TELANGANA
Pin Code:- 500001
Phone No:- 23441666
MSEFC-Rangareddy

Address:- DIC,4th floor, Spoorthy Bhavan, Collectorate,Lakdikapool, Hyderabad, Telangana

State:- TELANGANA
PinCode:- 500004
Email Id:- msefcrangareddyregion@gmail.com
Phone No:- 29551242

MSEFC-Medchal

Address:- O/o the General Manager, District Industries Centre, 3rd Floor, A-Block, Collectorate
Complex, Medchal - Malkajgiri District, Near ORR, Keesara (V&M), Medchal - Malkajgiri
District
State:- TELANGANA
PinCode:- 501301
Email Id:- msefcmedchal@gmail.com
Phone No:- NA
 Form 1
Format for Reference on delayed payment to MSEFC Telangana State
To
The Chairperson
Micro and Small Enterprises Facilitation Council,
Telangana State.

Reference : Under Section 18 of the Micro, Small & Medium Enterprises Development Act,
2006 (MSMED).
I am authorized representative of M/s.......................This firm is a Micro/small unit as per
provisions of MSMED Act 2006. litis unit has supplied the goods to M/s.......................... but it
has not been paid as per provisions of Section 15 of the MSMED Act, 2006. I, therefore,
aggrieved with this unit, wish to file a reference. The information pertaining to the case is as
under:
1. Udyog Aadhar No. (Note-MSME unit can register Udyog Aadhaar on
udyogaadhaar.gov.in (http://udyogaadhaar.gov.in)):

2. Date of filing application (DD//MM//YY) :

3. Details of aggrieved MSE Unit

3.1 Name of Authorized representative : (Authorization to be attached)

3.2 Name of the Unit

3.3 Address (Including Pincode) :

3.4 State:

3.5 District:

3.6 Mobile No. :

3.7 E-mail :

3.8 Type of aggrieved MSE Micro Small

4. Name of the Respondent (Buyer) :

4.1 Address (Including Pincode)

 4.2 State

4.3 District:

4.4 Mobile No. :

4.5 E-Mail :

4.6 Category of Respondent (Buyer) [CPSU/State PSU/..................]

5. Principal amount Payable (Rs.) :

6. Interest Claimed as on :

7. Fee paid, if any

7.1 Amount :

7.2 Methodology :

8. Documents enclosed in support of claim in respect of supply of goods supply or services

rendered as referred above :

(i) ...............

(ii) ...............

(iii) ................

(iv) ................

I hereby declare that information given above is true to the best of my knowledge. Any
information that may be further required, shall be provided immediately before the concerned
authority. I further declare that I have not filed / preferred any appeal before any Court on the
same dispute.
Signature :............................
Name :.................................

Date : (Authorized Signatory on behalf of aggrieved

MSE)