MSME ACT 2006 MSME FACLITATION COUNCIL PASSED ORDERS CALRIFICATIONS REQUIRED

Querist : Anonymous (Querist) 13 June 2011 This query is : Resolved
Sir

There was a delay in payment from a reputed Client .

I have taken up the matter to MSME facilitation Council and they passed order
directing the client to pay my dues from the date of bill .

The order passed on 29 April 2011 states that the amount due should be paid along with Interest........

( 1 ) There is no clause saying ON OR BEFORE date in the order .......can any one guide me please

( 2 ) I have sent mail to clients requesting release of payment .they are not acknowledging

( 3 ) Can any one help me and I wish to know how the matter to be taken up further ??

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PALNITKAR V.V. (Expert) 14 June 2011
1. if the order is silent about the payment to be made on or before any date, that should not prevent you from filing application for execution of the order.
2 & 3. if the mails sent by you are ignored, you should file application for execution of the order passed by the Council since the order has to be treated as Award under Arbitration and Conciliation Act.

Saurendra Rautray (Expert) 04 April 2013
Please remember that you should file an Execution case after the expiry period of 3 months and 30 days as per the Arbitration act 1996 and once that period is over filing of section 34 by the judgement debtor wont stand as the period for filing section 34 is over as per the supreme court judgement in popular construction.

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