amit (partner) 20 September 2015

Msme act 2006

We are a small enterprises registered under companies act with reistered and corporate office at Indore. We have our manufacturing units at Indore and Vadodra manufacturing corrugated boxes. We have filed memrandam under section 8 of the Act with DTIC Indore but did not file such a memrandam with DTIC Varodra.We supplied material from our manufacturing unit at Vadodra to a party in the state of Gujrat from whom we have not received payment for a long time and hence we wish to file recovery proceding before facilating council in MP / Gujarat.

Our question is whether we can file procedings before facilating council for recovery in the absence of not filling memorandam with DTIC Vadodra. If not , can we now file memorandam to intiate recovery proceedings before facilating council

Hoping to get urgent reply.

Thanks

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2 Replies

Saurendra Rautray (advocate) 21 November 2015

Hi Amit,

Please remember that you require SSI registration before any nodal agencies such as DIC/NSIC and also you should have a valid EM-2 certification before filing of your Arbitration Claims before the Council/Arbitration Tribunal. Without these certification you cannot avail the benefits of MSMED act 2006.Kindly get the certification and thereafter file your claim.

MSMED act 2006 is silent on the aspect as to whether you should have a valid SSI unit registartion along with EM-2 certification while supplying of the material or if such certification acquired at a later stage but before filing of claims. This question has not been dealt yet.

So you may take a chance by getting EM-2 and file your claims thereafter.

Saurendra Rautray

09437008255

www.rautray.com

Saurendra Rautray (advocate) 18 February 2017

Hi Amit,

Just wanted to ask if you have initiated the above mention case or not. I have a change of opinion in the above context and we have dealing with the subject whether EM-2 is mandatory or not. We have come to a conclusion that such certification is not mandatory s long as the SSI Unit is registered as a ssi unit by any nodal agencies.

Regards

Saurendra Rautray 09437008255

www.rautray.com