Best How to File an MSME Samadhaan Complaint Lawyer

MSME Samadhaan was the Ministry of MSME's online system, launched in 2017, through which micro and small suppliers could file delayed payment applications before their state's Facilitation Council and track them. It brought filing online, but much of the work still happened offline, at council hearings. In 2025, the Ministry launched an online dispute resolution (ODR) portal under the RAMP programme, which carries the case from filing to settlement online, with notices, conciliation meetings and hearings by video. Since 15 October 2025, new delayed-payment cases are filed through the ODR portal.

This page is for Udyam-registered micro and small enterprises who want to file a claim themselves or with help, and for those with older Samadhaan applications still pending. People still search for "Samadhaan", and many councils and officials still use the word, so we use both names here.

Filing is not difficult, but the quality of the filing affects what happens next. A clear statement of each invoice, the due date and the interest claimed, with supporting documents, makes the council's job easier and the buyer's defence harder.

Is this your situation?

Before you file

Samadhaan and the ODR portal: what changed

Under Samadhaan, a supplier filed an application online, the system forwarded it to the state council, and the council then issued notices and held hearings, usually in person. The portal also published data on pending applications and amounts, which put some public pressure on large buyers and government departments.

The ODR portal, which went live on 27 June 2025, goes further. After filing, notices to the buyer are sent electronically, conciliation meetings are held online, and documents are exchanged through the portal. If conciliation fails, the matter moves to arbitration before the council or an institution it nominates, again largely online. This saves suppliers the time and cost of attending council offices, and is especially useful where the buyer is in another state.

The MSMED (Amendment) Act, 2026 provides for a statutory online mediation and arbitration mechanism and for jurisdiction to lie with the council where the supplier's registered address is. Those provisions of the amendment had not been brought into force as of this review. Under the existing law, the claim is filed before the council of the state where the supplier is located, which is how the portal operates.

How to file, step by step

Time and typical cost range

Our fees are agreed in writing at the start and are not linked to the outcome.

Documents to upload

After you file: what happens where

Writing a claim that the council can decide quickly

Councils handle many cases, and the ones that move fastest are those where the supplier's claim is easy to follow. A simple table listing each invoice, the delivery date, the due date (date of acceptance plus the agreed credit period, never more than 45 days), payments received, and the interest from the due date to the date of filing, is ideal. Attach the documents in the same order as the table.

Address the buyer's likely defences at the start. If the buyer may say the goods were defective, show the signed GRNs and the absence of any written complaint within 15 days of delivery. If the buyer may say you were not registered, show your registration date and the supply dates. If the buyer may say the claim is time-barred, show the last acknowledgement or part payment.

Keep the claim honest. Including invoices that were genuinely disputed at the time, or interest calculated wrongly, invites the council to doubt the whole claim.

If you filed on Samadhaan and nothing happened

Many suppliers filed on Samadhaan years ago and found that their applications were never taken up, or were pending for long periods. If you are in this position, check the status on the system, and write to the council's member secretary asking for the matter to be listed. Councils have generally been asked to take up older cases, and some have migrated cases to the new process.

If a long time has passed, check limitation. Under Sonali Power Equipments v MSEB (2025), the Limitation Act does not apply to conciliation under Section 18(2), so time-barred dues can be conciliated, but it does apply when the matter moves to arbitration under Section 18(3). The date of your original reference to the council matters for this purpose, so keep the acknowledgement.

If the council does not act for a very long time, a writ petition to the High Court seeking a direction to decide the reference within a fixed time is sometimes used.

Laws and schemes that apply

How we work

We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:

• Clean filings: invoice-wise tables and documents in order.
• Correct interest: calculated at three times the bank rate with monthly rests.
• Online representation: we attend conciliation and arbitration meetings for you.
• Follow-through: award, challenge and recovery.
• Written fee terms: agreed stage by stage, never linked to the outcome.

Filing mistakes to avoid

Practical tips for the online process

Online filing saves travel, but it brings its own problems. Documents must be in the formats and sizes the portal accepts, usually PDF files of limited size. Scan documents clearly, combine related pages into one file, and name files so that the council can find them: "Invoice 112 dated 05.03.2025", not "scan0047". If the portal rejects a file, compress it rather than leaving it out.

Use an email address and mobile number that someone checks every day. Notices of conciliation meetings and hearings are sent electronically, often with short notice. Missing a meeting because the email went to an unused inbox is avoidable.

If you are filing through a representative, such as a lawyer or chartered accountant, make sure the portal records their authority. Keep a copy of everything filed, with the acknowledgement, in your own records. Portals change; your records should not depend on them.

The first online meeting

At the first conciliation meeting, the conciliator will usually confirm the parties' details, ask the supplier to explain the claim briefly, and ask the buyer for its response. Be ready to explain, in a few minutes, what you supplied, when, what has been paid, and what is outstanding. Have your invoice table open on screen.

If the buyer raises a defence, listen carefully and answer specifically. If you are open to a settlement, have a figure in mind, including what you would accept on interest. Conciliators often suggest that the buyer pay the principal promptly and that interest be negotiated. If the buyer asks for time to verify, agree to a short adjournment with a fixed date, not an open-ended one.

Behave as you would in a hearing room. Join on time, from a quiet place, with a stable connection, and keep your camera on if asked. Councils notice parties who take the process seriously.

When settlement is reached

A settlement reached in conciliation should be recorded in writing and signed by both parties, and authenticated by the conciliator, so that it has the status of an arbitral award on agreed terms under Section 74 of the Arbitration Act. That means it can be enforced as a decree if the buyer defaults.

The settlement should state the amount, the dates of payment, the mode of payment, what happens on default (for example, that the full original claim with interest will become payable), and that the supplier's claim stands withdrawn on full payment. If payment is to be made in instalments, consider asking for post-dated cheques or a bank guarantee. Once payment is complete, inform the council so the case is closed on the portal.

What the buyer sees, and how it may respond

When you file, the buyer receives an electronic notice from the council with the claim and documents. Large buyers often have a legal or finance team that handles such notices; smaller buyers may react by calling you directly to negotiate. Either way, the filing changes the conversation. The buyer now knows that interest at three times the bank rate is being claimed, and that a council award would require a 75% deposit to challenge.

Common buyer responses include immediate payment of the principal with a request to withdraw; a proposal to pay in instalments without interest; a defence alleging quality issues or short supply; and silence. For payment offers, decide whether to accept and record the terms. For defences, prepare your documents for conciliation. For silence, attend the conciliation meeting anyway; the council can move to arbitration and pass an award even if the buyer does not appear.

Withdrawing a complaint after payment

If the buyer pays in full, or you agree a settlement, close the case formally through the portal or the council, rather than simply stopping attendance. Record the settlement terms in writing, signed by both sides, and ask the council to take them on record. If payment is in instalments, consider keeping the case pending until the last instalment is received, or record a settlement that can be enforced as an award if the buyer defaults.

A properly recorded settlement has the status of an arbitral award on agreed terms, enforceable as a decree. An informal promise to pay, followed by withdrawal of the complaint, leaves you with nothing to enforce if the buyer defaults again.

Delayed payments to MSMEs by government buyers

Government departments and public sector buyers are subject to the same rules as private buyers. Many MSME claims on the portal are against central and state government bodies, PSUs and municipal corporations. Government buyers sometimes cite budget delays or internal approvals; these are not defences under the Act. Interest under Section 16 applies to them as to anyone else.

From 15 October 2026, Central Public Sector Enterprises must route settlement of MSME procurement invoices through RBI-authorised TReDS platforms under the new Section 15A, and disclose such invoices under Section 22A. If you supply to a CPSE, ask whether your invoices are being uploaded to TReDS; this may give you a faster route to payment on accepted invoices than a council claim.