DELAY IN PAYMENTS FOR SUPPLIES RECEIVED FROM THE MSMES TO INVITE HEAVY PENALTIES-DISTT. MSME DEVELOPMENT COUNCIL. THE POSTMASTER BAREILLY ALSO PENALISED.
24th Dec,2020 . The Deputy Commissioner, Ludhiana led District Level Micro & Small Enterprises Development Council, Ludhiana is becoming talk of this industrial city when the council is deciding the Delayed Payment references in a time bound framework to the entire satisfaction of MSMEs where the opponent stakeholders are also given equal opportunity. Here is the latest press report from GM DIC,office who is arranging regular Conciliation proceeding at the behest of Deputy Commissioner.
|Press Note From DIC, Ludhiana
The Postmaster Bareilly penalized by District Delayed Payment Council for not paying timely payment to Micro Enterprises of Ludhiana
Today on dated 24/12/2020 – 82nd meeting was convened under the chairmanship of worthy Deputy Commissioner, Ludhiana as chairman of District Level Micro & Small Enterprises Development Council Ludhiana Comprising other members Advocate Himanshu Walia, Sh Anil Kumar Lead District Manager , Sh Mahesh Khanna Convener Cum General Manager,Dist. Industries Centre Ludhiana and specifically attended by Smt Neeru Katyal ADC -P , Ludhiana .
In today’s meeting 47 references were enlisted for Conciliation proceedings meeting and nine cases were enlisted for arbitration proceedings . During conciliation proceedings Observing No component of settlement in spite of providing ample opportunity to the stakeholders , the Conciliation proceedings of four references Terminator and subject matter taken up for adjudication through arbitration by District council and during arbitration proceedings ample opportunity provided to both the claimant and respondent to adduce evidences in their respective claim and defense .
Where as claimants such as M/S Khurana Hosiery Works ,Ldh a micro category unit who had instituted reference petition against the Postmaster,the Postal Stores Depot Bareilly had pleaded before the district council that he had received only part payment and the balance principal amount is pending since long.
Taking the cognizance of the evidences adduced by the claimant and after detailed deliberation the council resolved to accept the reference of the claimant and an award of balance principal amount along with compound interest with monthly rests at 3 times of the bank rate as notified by the Reserve bank of India was pronounced in favor of the enterprises.
Similarly, an award of principal amount along with interest there upon was awarded in favor of another micro unit M/S MP Auto Industries of Transport Nagar , Ludhiana Whereas, M/S RK STEEL Industries who suffered statement that after instituting the reference petition before this council the matter has been resolved amicably. He submitted an application for withdrawal of the reference which was accepted by the council.
The platform of the delayed payment is not only for recovering pending principle amount but also for claiming interest on payment delayed.
A similar matter was adjudicated by district council where principle payment was released but it was beyond time period as agreed between parties.An award was announced in favor of M/s Namdhari Industrial Traders Pvt Ltd where as respondent enterprises penalized as per section 16 of MSME Dev Act 2006, for releasing payment which was delayed as per agreement between the parties .
Similarly, final date has been pronounced for an award to be adjudicated as last opportunity to the respondents to either adduce evidence in their defense as an opportunity afforded to them for cause of natural justice. If they still failed or omit to appear before the council then council will adjudicate the matter on basis of evidence brought before it as per provisions of Section 23 & Section 25 of Arbitration & Conciliation Act 1996 .
The chairman cum Deputy Commissioner Ludhiana reiterated that the delay in payments for supplies received from the Micro Small and Medium Enterprises would invite heavy penalty against defaulting buyers.
24/12/2020 General Manager, District Industries Centre Ludhiana
Here, it is pertinent to mention that Punjab Govt. is already taking pro active initiatives under its INVEST PUNJAB programme through which new investors/MNCs are also coming forward to invest in Punjab. MSME Facilitation Councils have been set up in 7 Districs of #Punjab to support MSMEs in delayed payments.The MSMEs mostly are supplying to bigger units and the conciliation mechanism is a real morale booster for MSMEs who can make their complaints for recovery against the supplies made heard and decided in a time frame without going to courts as such.—theglobaltalk.com