Suit filed by buyer under commercial suit simultaneously be filed with MSME
5 months ago
If both the parties are registered under MSME, and buyer has paid the money to the SUPPLIER but not got right goods and thereafter the buyer has filed a commercial suit with city civil court then CAN HE NOW ALSO FILE A COMPLAINT WITH MSME? THE BUYER IS THE COMPLAINANT PLEASE NOTE
A.Dear Client,
A commercial dispute as defined u/s.2(1)(c) of the Commercial Court Act, 2015 is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution. A suit is not maintainable if the dispute involved cannot be termed as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 The State Governments are to establish the Micro and Small Enterprise Facilitation Council (MSEFC) for the settlement of disputes on getting references/filing on Delayed payments u/s. 20 and 21 of the MSMED Act. Any Micro or small enterprise having a valid Udyog Aadhar (UAM) can apply. Section 18 of the MSMED Act grants the statutory right to MSME entities to approach the Facilitation Council to get their disputes resolved, which cannot be curtailed due to the existence of a separate dispute resolution mechanism in the contract between the parties. Any Micro or small enterprise having a valid Udyog Aadhar (UAM) can apply. So, in the prevailing situation, the person being registered under MSME is required to file a complaint against the concerned Delivery Company before the Micro and Small Enterprise Facilitation Council (MSEFC) for redressal of his grievance/dispute. A complaint for the same cause of action praying same relief neither be escalated before the different forums/Courts nor maintainable. If required, you may seek the professional advice of an Advocate for guidance and steps.
A commercial dispute as defined u/s.2(1)(c) of the Commercial Court Act, 2015 is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution. A suit is not maintainable if the dispute involved cannot be termed as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 The State Governments are to establish the Micro and Small Enterprise Facilitation Council (MSEFC) for the settlement of disputes on getting references/filing on Delayed payments u/s. 20 and 21 of the MSMED Act. Any Micro or small enterprise having a valid Udyog Aadhar (UAM) can apply. Section 18 of the MSMED Act grants the statutory right to MSME entities to approach the Facilitation Council to get their disputes resolved, which cannot be curtailed due to the existence of a separate dispute resolution mechanism in the contract between the parties. Any Micro or small enterprise having a valid Udyog Aadhar (UAM) can apply. So, in the prevailing situation, the person being registered under MSME is required to file a complaint against the concerned Delivery Company before the Micro and Small Enterprise Facilitation Council (MSEFC) for redressal of his grievance/dispute. A complaint for the same cause of action praying same relief neither be escalated before the different forums/Courts nor maintainable. If required, you may seek the professional advice of an Advocate for guidance and steps.
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A.Dear Client,
Yes, the buyer can still file a complaint with the MSME even after filing a commercial suit with the city civil court. The buyer is not barred from pursuing multiple remedies simultaneously.
Yes, the buyer can still file a complaint with the MSME even after filing a commercial suit with the city civil court. The buyer is not barred from pursuing multiple remedies simultaneously.
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