SANJAY ADBOL (Propriertor) 08 January 2015

Msme delayed payment act 2006

Respected Sir

I am SSI UNIT registered manufacturer, covered under MSME Act 2006

Recently i had put up a case against one of our party for outstanding payment under MSME Act 2006 specially created for Small Scale Industries.4

We had won the case with a order directing the party to pay the basic amount along with interest till date.

This case was put at DIC Thane.

The party is a manufacturer from Hosur Tamilnadu with a sister concern in pune.

We wish to have an expert opinion from your esteemed panel for future line of action.

Thanking you

SAA

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8 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 January 2015

Dear, File execution of the order passed in you favour to the concerned court .... Kapil Chandna Adv 9899011450

(Guest)

Rightly advised by Shri Chandna.

Adv S K Gupta (Advocate High Court) 03 April 2015

since they have sister concern at pune s jurisdiction is clear, go for execution of order.

Saurendra Rautray (advocate) 23 May 2015

Hi,

I am sure by now the time period for filing Section 34 as in objection to the award has expired. Kindly file the executon case before the District Court Concerend under Section 36 of the Arbitration Act 1998.

Regards

Saurendra Rautray

Rautray& Co

(New Delhi)

www.rautray.com

09437008255

Neelakantan Parameswaran 03 July 2015

To maintain the OP they have to make a pre-deposit of 75% of awarded amount. If OP filed and notice served, you may ascertain if deposit made. If not seek dismissal. If yes, ask for payment out.

If no OP filed, proceed to execute the decree in Hosur- look out for properties you can attach. such as bank accounts, garnishees, factory premises, machinery, stock in trade etc...

Anupam Lahiri (Director Central Statistical Office) 06 July 2015

Dear Sanjay Abdol,

The case at hand requires a simple enforcement application at the District Court of Pune. The time period for filing application to set aside the award has been over (u/s 34 of Arbitration & Concilliation Act, 1996).

Now, it is pertinent to note that the opposite party has assets within the jurisdiction of Pune District Court as one sister concern of the opposite party is situated there. It is immaterial whether the award has been passed at Thane. The award when it is made final may be enforced anywhere in the world where the opposite party may be having any asset.

Thanking you.

Anupam Lahiri, LLB, ACMA, Lic ICSI

prakhar 05 October 2016

Dear members,

i have also recieved the order from council. i am from chhattisgarh and the party is from maharashtra. do i have to transfer the case to the buyers district court for execution?

Saurendra Rautray (advocate) 18 February 2017

Dear Sir,

Have you filed the execution case yet if not there is another way out to secure your amount before filing of execution petition and this can be filled in cahhtisgarh and if the amount is more thn one crore than it shall be referred to commerical courts at Raipur. In general the execution can be filled here but has to be transfered to the court where the porperty lies.

Regards

Saurendra Rautray

Rautray & Co

B 3/18 vasant Vihar Delhi.

Branch office at Bhuabneswar and Raipur

09437008255