
In short. Chasing a big company works best in stages. Line up your books with theirs. Then email whoever really releases the money. Send a legal notice claiming interest under the MSMED Act. If the money still doesn't come, file before the MSME Facilitation Council or a commercial court. This page is for micro and small suppliers, and for medium units, who have to use the courts. The notice stage takes weeks. A council or court case takes many months. This week, start by checking every open invoice, line by line.
Is this your situation?
- You supply a large company, and invoices are sitting unpaid long after 45 days.
- Every call to their accounts team ends the same way: it's "in process", or it's "stuck in reconciliation".
- The debit notes and quality complaints showed up only after you started asking for your money.
- You're registered on Udyam as a micro or small enterprise and want to know if the MSME Council will actually help.
- You're afraid that pushing too hard will lose you the account. It's a third of your business.
- Their purchase order says every dispute goes to courts or an arbitrator in some other city.
- You're a medium enterprise, or never registered, and you need to know which route is still open.
How does an MSME supplier get paid by a big company?
You'll almost never get a letter saying "we won't pay". What you get is silence dressed up as procedure. Your bill waits its turn. Then a debit note appears out of nowhere, the PO is suddenly "under reconciliation", and the person who placed the order has been transferred to Pune. In law, for a micro or small supplier, that's a default all the same. Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 caps any agreed credit period at 45 days from acceptance of the goods or services. After that, Section 16 interest kicks in. Three times the RBI's notified bank rate. Compounded monthly.
Order matters. Start by making the claim airtight on paper. Next, take it to the people in the company who get blamed when MSMEs are paid late: the finance controller, the company secretary who signs the half-yearly MSME return, and the tax people whose deduction disappears when small suppliers wait. If that still gets you nothing, it's time to choose where to fight. Registered micro and small units usually go to the MSME Facilitation Council. Everybody else files a commercial suit. Insolvency suits very few cases.
We take each step below, with what we see going wrong in practice. If you don't yet know how the council works, read our explainer on what the MSME Facilitation Council is and how it works first. Then come back and plan.
Why do big companies pay small suppliers late?
Most of the delay inside a large company is process, not malice. Know the process and you know where to push. Big buyers pay through a three-way match. The purchase order, the goods receipt note (GRN) or service entry sheet, and your invoice all have to agree on quantity, rate and tax. If one of them is missing or different, the invoice drops out of the payment run, and nobody goes looking for it. Payment runs happen on fixed days, often weekly or fortnightly. Miss one and you wait for the next.
Then come the system blocks. Your vendor code might be inactive. Your bank details might be unverified. Your GSTIN might be flagged because one return went in late, or the e-invoice reference doesn't match. The TDS may have been booked against a different invoice. Someone at the plant may have raised a quality rejection and never told you. Each time, the money is "approved" on paper. It just isn't moving.
And then there's plain cash management. Some buyers do stretch payables on purpose, especially near the end of a quarter. This is where the legal pressure points earn their keep, because a stretched payable to a micro or small enterprise costs the buyer statutory interest, triggers a disclosure duty and, since 2024, costs it income tax as well. None of the process excuses above is a defence to Section 16 interest. You clear them away first so the buyer has nothing left to hide behind.
What pressure does the law put on a big buyer?
Sections 15, 16 and 17, MSMED Act, 2006
Payment to a micro or small supplier is due on the date agreed. Whatever is agreed, it can't be more than 45 days after acceptance or deemed acceptance. Nothing agreed in writing? Then it's 15 days. A buyer who misses the date owes compound interest under Section 16, with monthly rests, at three times the RBI bank rate, and Section 17 lets you recover both the principal and that interest. Some POs say "no interest payable". It makes no difference. Section 24 gives these provisions overriding effect. For the arithmetic, see our worked guide on how to calculate MSME delayed payment interest.
Section 22, MSMED Act and MSME Form 1
A buyer whose accounts have to be audited must disclose, in its annual accounts, the principal and interest it owes micro and small suppliers. Companies that owe such suppliers for more than 45 days also file a half-yearly MSME Form 1 with the Registrar of Companies. So your unpaid invoice lands on the buyer's statutory record, signed off by its auditors and company secretary. Our post on MSME Form 1 explains why that matters in a dispute.
Section 43B(h), Income-tax Act
From the financial year 2023-24, if a buyer pays a micro or small enterprise beyond the Section 15 limit, it can claim the deduction only in the year it actually pays. The Income-tax Act, 2025 replaced the 1961 Act from April 2026, so ask your chartered accountant for the current section number. A late payment near year end can cost the buyer real tax. See how Section 43B(h) helps MSMEs get paid.
TReDS and the 2026 amendment
The deadline for companies above Rs 250 crore turnover to join the Trade Receivables Discounting System (TReDS) was 31 March 2025. Central public sector enterprises now also have to clear MSME bills through TReDS, a duty added by the MSMED (Amendment) Act, 2026. That part took effect on 15 October 2026. If your buyer is on TReDS, an invoice it has accepted can become cash in a few days.
Section 18, MSMED Act
Either side to a dispute over money due under Section 17 may take it to the Micro and Small Enterprises Facilitation Council. Conciliation comes first. When that breaks down, the council arbitrates itself or hands the case to an arbitration institution. A private arbitration clause in the buyer's PO doesn't stop this. The Supreme Court said so in Gujarat State Civil Supplies Corporation v. Mahakali Foods (2022).
Which recovery route suits your claim?
| Route | Who can use it | Typical time | Costs (apart from the lawyer's fee) | Works best when |
|---|---|---|---|---|
| Reconciliation and written escalation | Any supplier | 2 to 6 weeks | Just your staff's time | The money is stuck on a GRN, vendor code or tax mismatch |
| Legal notice for principal and Section 16 interest | Any supplier, though the statutory interest claim is only for micro and small units | 15 to 30 days for a reply | No court fee | The buyer's finance and legal people need a formal file before they'll release money |
| Reference to the MSME Facilitation Council under Section 18 | Micro and small enterprises registered as such before the contract (a point now before a larger bench) | The Act says 90 days. In practice an award often takes 6 to 18 months | Some state councils charge a filing or arbitration fee, so check the state rules | Dues are clear and backed by invoices, and the interest is large |
| Commercial suit or summary suit | Anyone, medium enterprises and unregistered units included | Pre-institution mediation of 3 to 5 months, then 1 to 3 years for a regular suit. Summary suits can be quicker | Ad valorem court fee on the state schedule (check the current figure), plus the mediation fee | The claim includes damages or non-MSME items, or you need attachment before judgment |
| Insolvency petition under Section 9, IBC | Operational creditors with an undisputed default of Rs 1 crore or more | Admission alone can take months | NCLT filing fee, and insolvency costs if admitted | The dues are admitted in writing and the buyer really is in financial trouble |
| TReDS discounting | Suppliers whose buyer is on a TReDS platform | A few days after the buyer accepts the invoice | The supplier bears the discount charge unless agreed otherwise | You need cash now and the buyer isn't disputing the invoice |
MSME payment pending with a large company: the plan, step by step
This is the order we follow on most files where the buyer is a big company. A few steps can run side by side. Don't skip any.
Get both ledgers
Download your ledger for the buyer, and ask the buyer's vendor desk for its statement of your account. Most big companies have a vendor portal showing invoice status. Put the two next to each other and mark every difference.
Fill the gaps in the paperwork
Chase the missing GRNs or service entry sheets. Re-issue any invoice with a mistake in it. File any GST return that's pending, and make sure your Udyam details and bank account are current in the buyer's vendor master. Every gap you close now is one defence the buyer can't raise later.
Escalate in writing, to the right people
Write to the plant or project head who received the supply, copying the accounts payable head and the finance controller. Attach the reconciliation, ask for a payment date, and mention that the money is owed to a micro or small enterprise. Keep it businesslike.
Send a legal notice
Two or three weeks with no firm date? Have an advocate send a legal notice claiming the principal and interest under Section 16, with 15 days to pay. Address it to the company at its registered office, and email copies to the officers you've been dealing with.
Pick the forum
If you're a micro or small enterprise registered before the contract, the MSME Facilitation Council is usually first choice. If you're medium, unregistered, or claiming more than money due for supplies, plan a commercial suit. Insolvency is only for admitted dues of Rs 1 crore or more.
File, then keep to the timetable
File the reference on the MSME Samadhaan portal or with the council, or start pre-institution mediation if you're heading for a suit. Turn up on every date. Answer the buyer's reply quickly, and keep your evidence in the same order as your claim statement.
Protect what you supply next
While the claim runs, tighten terms on new orders. Shorter credit. An advance for custom items. Written acceptance of every delivery. Supplies that carry on under the same loose terms usually turn into the next dispute.
A lot of buyers pay somewhere between step 3 and step 5. Still, if the escalation stalls, send the legal notice. It puts your claim formally on record from a fixed date, and it usually pulls the buyer's legal team into the conversation.
Reconcile first: what the buyer's accounts team will look for
Before any letter goes out, read your claim the way the buyer's accounts payable team will. They'll check that each invoice has a matching purchase order line and a goods receipt. They'll deduct TDS, sometimes at a rate you think is wrong. They'll hold back retention money or performance deductions written into the PO. They'll apply credit notes and rate differences from price revisions. Then they'll tell you the "actual" outstanding is a fraction of your figure.
Do that arithmetic yourself first, and split the claim into clean parts. Invoices that were accepted and just haven't been paid. Invoices where the buyer has raised a specific objection in writing. Deductions you accept, like TDS that shows in your Form 26AS. Deductions you dispute, with your reason. Built this way, the claim is far stronger before the council or a court. The buyer can't sink the whole amount by attacking one bad invoice.
Write down acceptance dates. Interest under Section 16 counts from the due date, and the due date hangs on acceptance: the day the buyer accepted the goods or services, or the day it's deemed to have accepted because it didn't object within 15 days. Challans, signed GRNs and emails saying "received" pin those days down. They'll be gold if a quality complaint appears from nowhere six months on.
Papers to gather before you claim
The contract and the orders
- Purchase orders, work orders, rate contracts or the master supply agreement
- Your vendor registration form and any vendor code letter
- Emails or letters where the price, credit period and delivery terms were agreed
What you supplied and proof they accepted it
- Tax invoices and e-invoice acknowledgements
- Delivery challans, e-way bills and transporter receipts
- Signed GRNs, service entry sheets, completion certificates or inspection reports
The accounts
- Your ledger for the buyer, and the buyer's statement or a vendor portal printout
- Form 26AS or TDS certificates showing what was deducted
- Credit notes, debit notes and any balance confirmation the buyer signed
Your status and registration
- Udyam certificate with the date of registration, and any older EM-II or UAM
- GST registration certificate for the unit that made the supplies
- A board resolution or authority letter for whoever will sign the claim
Everything that was said
- Every reminder, reply and promise to pay, WhatsApp messages included, with dates
- Minutes of meetings or calls where the dues came up
- Any quality complaints, and how you replied
What should a legal notice to a big company say?
The people who read a notice to a large company have never met you. In-house legal, the company secretary, sometimes the statutory auditor. Write it for them. Say who you are and that you're a micro or small enterprise, with your Udyam number and date of registration. List the purchase orders and invoices with their dates of supply and acceptance. Give the principal outstanding after the deductions you accept, and claim Section 16 interest from each due date. Allow a clear period to pay, usually 15 days. And say what you'll do next.
When Advocate B.K. Singh drafts a recovery notice to a big company, he checks the addressee before anything else. A notice that goes only to a purchase executive's inbox can sit there unread. One addressed to the company at its registered office, copied to the company secretary and the chief financial officer, reaches the people who sign off on statutory disclosures. He also puts the interest working in an annexure, not the body. The letter stays readable. The arithmetic can be checked line by line.
Keep it cool. Empty threats, or wording a buyer could call defamatory or coercive, only hand them a counter-argument. You don't have to say you'll report them to the income tax people. The law speaks for itself. Money owed to a micro or small enterprise, Section 16 interest piling up, and a figure they must report under Section 22. Say that and stop. For the general mechanics of recovery notices (timing, service, replies), see the commercial court team's page on a legal notice for recovery of money.
When is the MSME Facilitation Council the right choice?
For a registered micro or small supplier up against a big buyer, the council is usually the strongest forum. Three reasons. The interest claim at three times the bank rate is written into the statute, not left to a judge's discretion. A buyer that wants to challenge the council's award has to deposit 75 percent of the awarded amount first, under Section 19. And the council of the state where you're located has jurisdiction even if the buyer sits in Mumbai or Bengaluru and the purchase order names some other city.
But it isn't for everyone. Only micro and small enterprises qualify. A medium unit can't use Section 18 at all. Then there's the registration date. Silpi Industries v. Kerala SRTC (2021) said that if you registered after signing the contract, you can't take these benefits for that contract. In 2025 a two-judge bench in NBCC (India) Ltd v. State of West Bengal said neither Silpi nor Mahakali Foods is a binding precedent on that point, and sent the question to a larger bench. Our post on whether Udyam registration after the contract still helps keeps track. Traders holding Udyam certificates are, as a rule, left out of the delayed payment chapter. Claims for damages over and above the dues belong in court.
And then there's the wait. On paper, Section 18(5) gives the council 90 days. Councils with long cause lists rarely manage it. The MSMED (Amendment) Act, 2026 has been passed with new 90-day limits stage by stage, recovery of awards as arrears of land revenue, and suppliers getting money earlier while a challenge runs. Those dispute provisions still weren't in force in late October 2026. Check before filing. If the council is the right fit, our guide on how to draft a reference to the MSME Facilitation Council walks you through the claim itself.
When is a commercial suit or summary suit the better bet?
A civil suit in the commercial court is the default for a medium enterprise or an unregistered supplier. It's also the route for a supplier whose claim mixes invoice dues with damages, a security deposit that wasn't returned, or price escalation. And it's where you go if you need the court's coercive interim powers early on, such as attachment of the buyer's property before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure. That order comes straight from the court. A council's power to secure the amount is far less clear, so check the current position if that's what you need. Commercial suits of Rs 3 lakh and above need pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, unless you're seeking urgent interim relief.
If your claim rests on signed invoices, a written contract or an acknowledgement of the debt, a summary suit under Order XXXVII lets the court decide quickly unless the buyer shows a real defence. The procedure is on the commercial court team's summary suit page. Expect a big company to ask for leave to defend, waving its debit notes and quality complaints. That's exactly why the reconciliation above matters so much.
For a micro or small supplier with a clean claim, the choice is closer than people assume. We compare the two properly in MSME Council or Commercial Court: which is better for your dues. Briefly, the council wins on interest and the deposit rule. The court wins on interim protection, and on claims that go beyond the MSMED Act.
Can an MSME use insolvency against a big company?
It's possible, within limits. An operational creditor owed at least Rs 1 crore in default can petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. Before that comes a demand notice under Section 8. The company then has 10 days, and if it can show a dispute that already existed, your petition is likely dead. Large companies know this well. They keep a file of objections ready for exactly this moment. The Supreme Court has repeatedly called the IBC something other than a recovery mechanism, and the NCLT takes the same line.
Even so, a petition does get noticed at board level. Against a buyer that's genuinely struggling, it may be the only forum where you stand in line with the other creditors. Against a company that's solvent and just slow, it's more likely to harden positions than to bring money. Our post on when an MSME can go to insolvency instead of the council sets out the tests and the risks.
Tactics big buyers use, and how to answer them
- The late quality complaint. A rejection that surfaces months after delivery, right after you ask for payment. Answer with your signed GRN, the inspection report and the date. Under the MSMED Act, an objection has to come within 15 days of delivery, or the goods are deemed accepted.
- The "no dues" certificate. They want you to sign a no-dues or full and final settlement letter before they release part of the money. Don't sign one that gives up interest or other invoices unless you mean to. If you have to sign to get paid, write that you're signing under protest.
- The debit note nobody agreed to. Late delivery penalties, or rate differences you never accepted. Ask which clause in the purchase order allows it, and dispute it in writing within days. Not months.
- The jurisdiction clause. The PO says all disputes go to courts in Mumbai, or to an arbitrator the buyer will choose. For an MSMED Act claim, your own state's council has jurisdiction anyway. For a suit the clause can matter, so get advice before you file.
- The offer that quietly drops interest. Plenty of buyers will pay the principal if you give up the interest. That can be a fair commercial trade. Just work out what you're giving up, and get the payment date in a signed document.
- Going quiet on new orders. The orders stop once you make a claim. Nobody can force a buyer to keep buying from you. But it can't avoid paying for what it has already received, and cutting you off doesn't stop the interest clock.
Can you recover dues and keep the account?
This is what most suppliers really want to know. Honestly, sometimes you can't have both. What you can do is keep the claim professional. Large companies get legal claims from vendors all the time. A notice that's accurate, polite and backed by documents gets treated as business. One full of accusations gets treated as a fight.
Two approaches help in practice. You can claim the old invoices formally while supplying new orders on tighter terms, so the relationship carries on, on a different footing. Or, if the buyer is on TReDS, you can ask it to accept current invoices on the platform, so new supplies get paid on time while the old dispute is dealt with separately. Some suppliers also agree a payment plan for the principal, with interest waived only if every instalment arrives on time. That keeps the statutory interest as a lever.
If this buyer is a big slice of your turnover, think about that before you file. Your rights are the same whether you file now or in a few months, as long as the claim is still within limitation. That's generally three years from the due date of each invoice. Use the time to reduce how much you depend on them. Don't let the three years slip, though.
How does the route change for service firms, traders, medium units and suppliers outside Delhi?
If you sell services, say IT support, logistics or housekeeping and facility management, the Act protects you just like a manufacturer, provided you're registered as micro or small. The 45-day limit is the same. Only the evidence of acceptance looks different. Instead of a GRN you'd rely on a service entry sheet, a signed timesheet or an email confirming the work is done. Traders have a harder time. Since 2021, retail and wholesale traders on Udyam have generally been treated as registered for priority sector lending and nothing more. So a trader chasing a corporate buyer usually lands in the commercial court.
No council and no Section 16 interest for medium units. That's the law. Their interest comes from the contract, or from Section 34 of the Code of Civil Procedure at the court's discretion, in a commercial suit. One catch: from April 2025, investment up to Rs 25 crore with turnover up to Rs 100 crore makes you small. Plenty of units that called themselves medium aren't anymore. Check.
Geography counts. Your claim is heard by the council of the place you work from, not the buyer's. So a Noida unit goes to the UP council for its area, a Manesar unit to Haryana's, and a Mayapuri unit to Delhi's. UP and Haryana also run regional or district councils, so find out which one has your district. A commercial suit is different. There the court is decided by where the contract was signed or carried out, or where the buyer does business, and in Delhi by the claim's value as well. Buyers in other states are covered in our post on recovering dues from a buyer in another state.
An invented example: a box maker in Okhla and a national food brand
None of this is a real client. Picture a small corrugated box unit in Okhla Phase II. It's been on Udyam as a micro enterprise since 2019, and every year it signs a rate contract to send cartons to a national food brand's plant in Gurugram. Come March, 41 of its invoices, worth Rs 38 lakh, haven't been paid. A few are past 150 days. The brand's vendor desk says Rs 9 lakh is "under dispute". The rest, apparently, is "in process".
The owner pulls the vendor portal statement. Eleven invoices have no GRN posted. Six carry a debit note for "print colour variation", raised three months after delivery. And the TDS has been booked against the wrong invoice numbers. Within two weeks the unit gets the plant to post the missing GRNs. It accepts Rs 40,000 of the debit notes, where the complaint was made on time, and disputes the rest with dated inspection reports. Then it writes to the finance controller, reconciliation attached.
The next payment run brings in Rs 21 lakh. Rs 16.6 lakh is still held back. So the owner has a notice sent to the brand's registered office, with a copy to its company secretary, demanding that balance plus Section 16 interest. Fifteen days later all he has is another promise. He files with the Delhi council. At the very first conciliation sitting, the brand's people offer the principal, in two parts, if he forgets the interest. He wants to keep supplying them. So he agrees, on one condition written into a signed settlement: miss an instalment and the interest claim comes back. Both payments arrive on time. Whether that trade would suit you is a commercial call. Only you can make it. He made it knowing exactly where he stood.
Mistakes that weaken an MSME claim against a big company
- Claiming the gross figure. Sue for full invoice value without allowing for TDS, accepted credit notes and retention, and you invite the buyer to attack the whole claim.
- Hoping the relationship will sort it out. Months of polite reminders, with nothing in writing about the dues, hurt you on limitation and evidence. Get the buyer to sign a balance confirmation whenever you can. A written acknowledgment restarts the three-year period.
- Forgetting your registration date. If your Udyam registration came after the contract, expect the buyer to object before the council. Keep the commercial court as your fallback.
- Signing a waiver to get part payment. A full and final letter can wipe out interest and later invoices.
- Lumping claims together. Put damages, lost profits and invoice dues into one council reference and the buyer will say the dispute falls outside Section 17. Keep the council claim to money due for supplies, plus interest.
- Losing track of dates. Miss a council date and the reference can be dismissed for non-prosecution. Getting it restored costs time you won't get back. Our list of documents needed for an MSME delayed payment case helps you build the file once and keep it in order.
What should you ask a lawyer before filing against a big company?
Ask which forum the lawyer would pick for your claim, and why. Ask what the buyer is likely to argue back. Ask how the interest is being worked out, and whether every invoice is within limitation. Ask what happens if the council goes against you on registration, and whether a suit is still possible in time. And ask how fees will be charged at each stage. At our firm we discuss that at the first meeting and agree it in writing, stage by stage. Statutory costs are separate.
In the recovery files against big companies that come to Advocate B.K. Singh, the weak spot is usually not the law. It's the proof of acceptance. The goods went, the invoices were raised, but nobody collected the GRNs, and the delivery challans carry nothing but a security guard's initials. He asks clients to spend the first week rebuilding that trail, from the buyer's own portal where they can, before any notice goes out. The buyer's first reply will almost always say the goods were never accepted.
What to do this week
Go through every open invoice against the buyer's statement and mark which are clean, which are disputed, and why. Collect the GRNs and acceptance records that are missing. Check your Udyam certificate for your classification and registration date. Then write one clear escalation email to the finance controller, reconciliation attached, asking for a payment date.
If no date comes within two or three weeks, move to a legal notice, and choose your forum with the full picture in front of you. The longer dues sit with a big company, the more time it has to build its own version of what happened.
If you'd like your invoices, ledger and correspondence checked before you act, you can share them with Advocate B.K. Singh's team through the contact page.
Frequently asked questions
Can a micro enterprise charge a large company interest even if the purchase order says nothing about interest?
Yes. Section 16 of the MSMED Act makes interest at three times the RBI bank rate, compounded monthly, payable by law once the due date passes. The purchase order doesn't need to mention it, and Section 24 puts it above any contract term that says otherwise.
How long can a big company take to pay an MSME supplier?
No longer than the period agreed in writing, and that period can't go beyond 45 days from acceptance of the goods or services. If nothing was agreed in writing, payment is due within 15 days of acceptance. Any delay past that attracts statutory interest.
Does the MSME Council route work if the buyer is in another state?
Yes. The council of the state where you're located can hear the claim against a buyer anywhere in India. The Supreme Court has held that a contract clause naming another city's courts or arbitrator doesn't take that jurisdiction away.
Should I stop supplying a buyer who hasn't paid?
That's a business decision, not a legal requirement. Many suppliers carry on with tighter terms, like shorter credit or an advance on new orders, while they claim the old dues. Stopping supply doesn't affect your right to recover what's already owed.
Do I have to send a legal notice before going to the MSME Council?
The MSMED Act doesn't make a notice compulsory before a Section 18 reference. In practice it's useful. It records the claim, it often brings payment, and it shows the council the buyer had a fair chance to pay.
What if I'm a medium enterprise and the buyer is delaying payment?
Medium enterprises can't use Section 18 or claim Section 16 interest. You can file a commercial suit, or a summary suit if the claim rests on written documents, and claim contractual interest or interest at the court's discretion. Check your classification first, because the limits went up in April 2025.
Can the buyer get out of paying by raising a quality dispute?
A genuine quality dispute raised on time is a defence the council or court will look at. An objection raised months after delivery, with no inspection record, carries much less weight, especially if the goods were accepted and used. Keep your delivery and inspection papers ready.
What does it cost to file before the MSME Facilitation Council?
Filing a reference on the MSME Samadhaan portal is inexpensive. Some state councils charge a modest fee for arbitration under their rules, so check the current state rules. Your lawyer's fees are separate and agreed in advance. A commercial suit costs more, because court fee is charged on the value of the claim.
