Introduction

Prospect Legal is a trusted legal consultancy firm specializing in MSME dispute resolution. With years of experience in assisting micro, small, and medium enterprises, we help businesses recover their rightful payments efficiently through the MSME Samadhan portal. Our expertise ensures smooth case filing, legal compliance, and faster resolution of disputes.

Where You Can Find Remedies?

For MSMEs facing delayed payments, legal remedies are available through:

• MSME Samadhan Portal – The official platform for lodging complaints regarding unpaid dues.
• Micro and Small Enterprises Facilitation Council (MSEFC) – The statutory body for dispute resolution.
• National Company Law Tribunal (NCLT) – For cases where the defaulter is an insolvent company.
• Arbitration & Conciliation – Alternative methods for dispute resolution without court intervention.

If you are struggling with delayed payments, consult Prospect Legal for expert legal support.

Legal Protection Under the MSME Development Act, 2006

The MSME Development Act, 2006, provides strong legal backing for enterprises facing payment issues.

Section 15: Right to Timely Payment

• Buyers must make payments within 45 days from the date of supply of goods/services.
• Any delay beyond this period attracts interest at three times the bank rate specified by the Reserve Bank of India (RBI).

Section 18: Dispute Resolution Mechanism

• MSMEs can file complaints with the MSEFC for recovery of dues.
• The council attempts conciliation first; if unsuccessful, it proceeds to arbitration.

Understanding the MSME Samadhan Process

MSMEs can recover their payments through the following structured process:

1. Voluntary Process (Initiated by MSMEs)

• The MSME files an online application on the MSME Samadhan portal.
• The concerned Facilitation Council takes up the case for resolution.
• If no settlement is reached, the case proceeds to arbitration.

2. Compulsory Process (Legal Enforcement)

• If the buyer refuses to comply, the case is escalated to MSEFC or NCLT.
• Legal action may result in asset seizure or penalties against the defaulting party.

Process of Remedy Through Prospect Legal

At Prospect Legal, we ensure a smooth and hassle-free MSME Samadhan case registration process.

Step 1: Initial Consultation & Case Assessment

• We evaluate your case and confirm eligibility under the MSME Act.
• Legal experts analyze the best possible route for recovery.

Step 2: Legal Documentation & Case Filing

• We assist in drafting and submitting all necessary documents.
• Our team ensures compliance with MSME Samadhan portal requirements.

Step 3: Compliance & Negotiations

• We communicate with the defaulting party to seek an amicable settlement.
• If required, we escalate the case to MSEFC, NCLT, or arbitration.

Step 4: Resolution & Final Actions

• We monitor the case progress and provide legal representation if needed.
• Our aim is to secure fast payment recovery with minimal legal hassle.

What Are the Matters You Get Remedies For?

MSME Samadhan provides legal support and dispute resolution for:

• Delayed payments for goods and services supplied.
• Non-compliance with contract terms by buyers.
• Pending invoices despite agreed payment terms.
• Non-payment of interest on delayed payments.