I got answer from experts for a querry. Is there any provision now to delete the querry by me in this site?
BUYER IN KOLKATTA. SELLER IN ANDHRA PREADESH. BUSINESS TRANSACTION OCCURED IN KPLKATTA. SELLER GOT JUDGEMENT IN HIS FAVOUR IN MSME ANDHRA PREADESH ARBITARY COUNCIL. KINDLY HELP IF THE BUYER CAN FILE WRIT APPEAL AGAINST THE JUDGEMENT IN KOLKATTA WHERE THE TRANSACTION OCCURED?
can a file writ against a industrial faciliation council / arbitaration order can be filed anywhere in india? The interest on delayed payment act MSME 2006 is favouring ssi and violates laws of land in many clauses. My firm is in chennai but supplier is in Andhra. Purchase order stipulates chennai for legal disputes. MSME GIVES PERMISSION TO FILE IN SUPPLIER PLACE IE ANDHRA. THE COUNCIL OF MY CASE BELONG TO ANDHRA INDUSTRIAL FACILIATION COUNCIL. MSME is a council and not high court or lower court. i want to file writ against AWAITED mese council order IN CHENNAI. The chair person delivering judgement is not a lawyer but adminstrative officer.CAN ANYONE IN MSME ACT EXPERT GUIDE ME WHETHER I CAN FILE WRIT IN CHENNAI AGAINST THE COUNCIL ORDER WHERE EQULA OPPORTUNITY WAS NOT GIVEN.
i am expecting judgement in MSME act 2006 case. My place is in chennai but supplier place in Andrapreadesh. As per Purchase order term any legal dispute can be solved in chennai high court juridistion only. But as per msme act 2006 Supplier can file case in his place . so the case was filed at Hyderabad and the arbitration council is expected to deliver the judgement shortly. But the act did not mention any thing about appeal juridiscation. Can i file writ appeal against the judgement in chennai high court after receipt of judgement?
if so any legal orders/powers /circulars can also be furnished please.
First querry : Is the delayed payment clause in the MSME ACT 2006 is applicable to state or Central Goverment units who is a buyer of materials from an ssi Unit?
Second querry: If yes, as you know the central Govt is the creator of this act for welfare of ssi and the creator himself can be penalised if payment exceeds 45 days due to administration delay in clearing the bills?
Third querry: The contract/Purchase order is closed by settling all payments( including the delayed ones) in the year 2004 itself. The ssi unit in the year 2006 (not making any correspondance with buyer after closure of contract) is applying for interest for the payments beyond 45 days through msme council. Is that action of the ssi unit is correct? All the Payment dues are settled in 2004 itself. Any remedy for buyer being a government undertaking unit in this case to avoid the interest claim of ssi units as the contract is closed already and communicated to the supplier in 2004 itself.
Msme act 2006
if A is giving a supply contract order to B. A and B are government undertaking establishments, B in turn add 4 private firms as constrium members and given the supply order equally to 4 firms and all the firms are indicated in the purchase order, Now there is a delay in payment in the contract. one of the constrium member say x is now filing delayed payment interest under msme act 2006 with first respondant as B and second respondent as A.
All cheque payments given by A is only to B. Under the circumstances , is it correct whether adding second respondent as A is legally correct?