# How to file a delayed-payment case on the MSME ODR portal (formerly Samadhaan)

By Udhaar Wapas Editorial Team · Published 07-Nov-2026 · Updated 07-Nov-2026

If you are a Udyam-registered micro or small enterprise in manufacturing or services and a buyer has not paid within the MSMED Act time limit, file on the MSME ODR portal (odr.msme.gov.in), which replaced MSME Samadhaan for new applications. Your seller details are auto-filled from Udyam; you add buyer and invoice details, the amount due with interest and documents. The case goes to your state Council for conciliation and, if needed, arbitration.

## Key takeaways

- New delayed-payment applications go on the MSME ODR portal (odr.msme.gov.in); MSME Samadhaan no longer takes them.
- Only Udyam-registered micro and small manufacturers and service providers are eligible; traders and medium enterprises are not.
- You do not need to send a legal notice first, and you can file a claim for interest alone.
- Keep the work order or agreement, invoices, delivery proof, payments received and correspondence ready.
- The Ministry of MSME pays up to ₹4,000 per enterprise towards Council fees under the ODR scheme.
- Conciliation is not time-barred, but arbitration is subject to the three-year limitation period, so file promptly.

## Samadhaan has moved to the MSME ODR portal

For years, micro and small suppliers filed delayed-payment cases on [MSME Samadhaan](/en/glossary/msme-samadhaan). The Samadhaan site now states: "All new delayed payment applications will now be filed at the MSME ODR Portal". New cases go to **odr.msme.gov.in**, run by the Ministry of MSME under its scheme for online dispute resolution of delayed payments. Samadhaan's FAQs are still a useful guide.

The portal is not a court and it is not a collection agency. It is a way to put your delayed-payment claim in front of the **Micro and Small Enterprises Facilitation Council (MSEFC)** of your state, which has powers under Section 18 of the MSMED Act to settle the dispute.

Most suppliers reach this stage after friendly reminders, phone calls and a formal [demand letter](/en/blog/legal-notice-vs-demand-letter) have not worked. No legal notice is needed before filing (Samadhaan FAQ, Q.19), but that order still helps. A buyer who sees a clear paper trail of polite follow-ups is more likely to settle quickly, and the Council will see that you tried.

## Are you eligible?

Before you open the portal, check these points.

1. **You are a micro or small enterprise registered on Udyam.** The ODR scheme is for Udyam-registered micro and small enterprises (ODR Scheme Guidelines, para 7.1). Medium enterprises are not covered by the delayed-payment chapter (_NBCC v. State of West Bengal_, Supreme Court, 2025).
2. **You are in manufacturing or services, not trading.** Retail and wholesale traders are excluded from the MSMED Act's delayed-payment provisions by the Ministry of MSME (Office Memoranda dated 2 July 2021 and 1 September 2021), and the Samadhaan FAQs exclude trading units (NIC codes 45, 46 and 47). Councils reject such applications in practice; whether a memorandum can narrow the Act is legally untested.
3. **The payment is actually delayed under the MSMED Act.** The buyer has crossed the agreed due date, which cannot be more than 45 days from acceptance, or 15 days from acceptance if there is no written agreement. Our [45-day rule explainer](/en/blog/msme-45-day-rule) walks through the dates.
4. **Your registration date.** The portal FAQs still expect your Udyam registration to predate the disputed invoice. The Supreme Court has questioned whether this is required (_NBCC_, 10 January 2025) and referred the issue to a larger bench, which has not yet ruled. If you registered after the supply, take legal advice before filing.

> 
  **Distributors and wholesalers:** if your Udyam registration is as a trader, this route is not
  open to you in practice. You can still put credit terms (and any late-payment interest) in
  writing, run the reminder ladder, send a demand letter, and use pre-institution mediation and a
  commercial or summary suit. See our [recovery guide](/en/blog/recover-overdue-payments-guide).

### Time limits

Do not sit on old dues. The Limitation Act applies to the arbitration stage, which means claims older than three years can be time-barred there (_Silpi Industries_, Supreme Court, 2021). It does not apply to conciliation, so even an old claim can be referred to conciliation and settled (_Sonali Power Equipments v. Chairman, MSEB_, Supreme Court, 17 July 2025), but a buyer who refuses to settle can then raise limitation in arbitration.

## Documents to keep ready

Scan everything as clear PDFs before you start. The form is easier when you are not hunting for papers halfway through.

| Document                                                     | Why it matters                                                                               |
| ------------------------------------------------------------ | -------------------------------------------------------------------------------------------- |
| Udyam registration certificate                               | Proves you are a micro or small enterprise; your seller details are pulled from Udyam        |
| Work order, purchase order or agreement                      | Shows the buyer ordered the goods or services and any agreed credit terms                    |
| Tax invoices                                                 | Show the amount and date of each supply                                                      |
| Delivery proof (signed challan, e-way bill, LR, courier POD) | Fixes the day of acceptance, which starts the payment clock                                  |
| Buyer ledger or statement of account                         | Shows what has been paid and what is outstanding                                             |
| Interest calculation                                         | The application asks for the amount due with interest                                        |
| Correspondence                                               | Reminders, WhatsApp messages, emails, demand letter, any written objections and your replies |
| ID of the person signing                                     | The application must be signed and supported by an identity document                         |

A work order is expected; if the order was oral, the Samadhaan FAQs say an affidavit can be given instead (Q.10). If the buyer raised a written objection about quality or quantity, include how and when you resolved it. A rejection of goods must be genuine and made within 15 days of delivery (Q.22).

## Filing on odr.msme.gov.in

The portal's screens may change, but the application asks for the same core information (ODR Scheme Guidelines).

  **Open the portal** — 
    Go to odr.msme.gov.in and choose the option to file a new delayed-payment application as a micro
    or small enterprise.
  
  **Log in with Udyam** — 
    Enter your Udyam registration number. Your seller details are auto-filled from Udyam, so if your
    mobile number or address is outdated, update your Udyam record first.
  
  **Fill in buyer details** — 
    Enter the buyer's legal name, type (for example private company, central government, state
    government or public sector undertaking), full address, email and phone. Use the exact name on
    your invoices.
  
  **State the claim** — 
    Give brief facts, list each unpaid invoice with its number, date, amount and acceptance date,
    record payments received, and state the amount due with interest. You can claim interest alone
    if the principal has already been paid late (Samadhaan FAQ, Q.20).
  
  **Upload, sign and submit** — 
    Attach your documents, read every field once more, sign and submit. Save or screenshot the
    application number.
  

After submission you can track the status on the same portal using your application number.

### Fees

Under the ODR scheme, the Ministry of MSME pays up to **₹4,000 per enterprise** towards Facilitation Council fees (ODR Scheme Guidelines, para 6.4). The scheme runs from 2023-24 to 2026-27, so check the portal for the position when you file.

## What happens after you file

Your application goes to the MSEFC of the state where your enterprise is located, wherever the buyer is. Under Section 18 of the MSMED Act as currently in force, the process runs like this:

- **Scrutiny and notice.** The Council reviews the application and the buyer is informed.
- **Conciliation.** The Council conducts conciliation itself or refers it to an institution. Both sides try to reach a settlement.
- **Arbitration.** If conciliation fails, the Council can take up arbitration itself or refer it to an arbitration institution. The result is an award that is binding on the parties. An arbitration clause in your contract does not stop you using the Council route (_Gujarat State Civil Supplies v. Mahakali Foods_, Supreme Court, 2022).
- **Timeline.** Section 18(5) says the reference should be decided within 90 days of being made.

If a buyer wants to challenge an award in court, Section 19 requires it to first deposit **75%** of the awarded amount, and the court may release part of it to you. This makes it harder for buyers to delay simply by appealing.

> 
  The MSMED (Amendment) Act, 2026 rewrites Section 18 with new 90-day limits for mediation and for
  the award, and bases jurisdiction on the supplier's registered address. Those changes are enacted
  but **not yet in force** as of November 2026. The Act's new Section 15A, requiring central public
  sector enterprises to settle micro and small suppliers' invoices through TReDS, has been in force
  since 15 October 2026.

## Realistic expectations

Be honest with yourself about what the Council route can and cannot do.

- **It often prompts payment.** Many buyers, especially larger companies and public sector units, prefer to settle once a formal case exists.
- **It is not instant.** The 90-day timeline is a statutory target, and Councils in different states work at different speeds. Some cases take longer.
- **Disputed invoices are harder.** If the buyer says the goods were defective, expect the Council to look closely at your delivery proof and correspondence.
- **The relationship changes.** A filed case is a clear signal. For a buyer you want to keep, try a settlement conversation and a formal letter first.

> 
  Keep every message to the buyer polite and factual, before and after filing. Angry or threatening
  messages can weaken your position and may be read by the Council.

> 
  This guide is general information, not legal advice. For large amounts, disputed invoices, older
  dues or a registration made after the supply, consult a qualified advocate before filing.

## Before you file, try the ladder

The Council route works best as the last rung, not the first. Udhaar Wapas walks each overdue invoice through reminders, a concierge call, an optional settlement and a formal letter, then prepares a clean document pack if you decide to file. Read more on our [compliance page](/en/compliance), or draft a letter now with the [demand letter generator](/en/tools/demand-letter-generator).

## Frequently asked questions

### Can I still file on MSME Samadhaan?

Not for new cases. The Samadhaan site now states that all new delayed-payment applications will be filed on the MSME ODR portal at odr.msme.gov.in. Its FAQs remain a useful guide to how Councils handle applications.

### I am a distributor registered on Udyam as a trader. Can I file?

In practice, no. The Ministry of MSME has excluded retail and wholesale traders from the delayed-payment provisions (Office Memoranda dated 2 July 2021 and 1 September 2021), and the portal excludes trading units. The point is legally untested, but do not plan around it. Use written credit terms, the reminder ladder, a demand letter, pre-institution mediation and a commercial or summary suit instead.

### Do I need a lawyer or a legal notice before filing?

No legal notice is needed before filing, and the online application is designed so that an enterprise can file it on its own. The conciliation and arbitration stages can become legal proceedings, though, and many suppliers take help from an advocate or CA, especially for larger amounts or disputed invoices.

### Can I file against a buyer in another state?

Yes. The buyer can be located anywhere in India. Your application is handled by the Facilitation Council of the state where your enterprise is located, not the buyer's state.

### What if I have no written work order?

A work order or agreement is expected. If the order was oral, the Samadhaan FAQs say an affidavit can be given instead. Keep whatever written trail you have, such as WhatsApp orders, invoices and delivery proof.

### Should I keep reminding the buyer after filing?

Yes, politely. Filing does not stop you from accepting payment or agreeing a settlement. If the buyer pays, inform the Council so the case can be closed or updated. Keep every message respectful, because it may be read by the Council later.

## Sources

- [MSME ODR portal, Ministry of MSME](https://odr.msme.gov.in/)
- [MSE Scheme on Online Dispute Resolution for Delayed Payments - Guidelines](https://odr.msme.gov.in/assets/pdf/MSE_Scheme_on_ODR_for_Delayed_Payment_Guidelines.pdf)
- [MSME Samadhaan FAQ (Facilitation Council)](https://samadhaan.msme.gov.in/MyMsme/MSEFC/FAQ.aspx)
- [MSMED Act, 2006 (Gazette copy)](https://dcmsme.gov.in/old/MSMED2006.pdf)
- [Ministry of MSME Office Memorandum dated 1 September 2021 (delayed payments and traders)](https://www.dcmsme.gov.in/scan0052.pdf)
- [NBCC (India) Ltd v. State of West Bengal, Supreme Court, 10 January 2025](https://api.sci.gov.in/supremecourt/2022/24558/24558_2022_12_1501_58501_Judgement_10-Jan-2025.pdf)
- [Sonali Power Equipments v. Chairman, MSEB, Supreme Court, 17 July 2025](https://indiankanoon.org/doc/99709286/)
- [MSMED (Amendment) Act, 2026](https://www.msme.gov.in/static/uploads/2026/09/96a576af2b06519ec2f248c310fcfdfb.pdf)

Source: https://udhaar-wapas.com/en/blog/msme-samadhaan-filing-guide