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Supreme Court of India 2022-03-24 dismissed

M/s. Vaishno Enterprises vs Hamilton Medical AG & Anr

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

A registered MSME supplier in India sought to resolve a payment dispute with a Swiss medical equipment manufacturer through the MSME Facilitation Council. The contract was executed on 24 August 2020, but the supplier only registered as an MSME four days later, on 28 August 2020. The Supreme Court held that the Council lacked jurisdiction because the supplier was not registered as an MSME when the contract was executed. The Court ruled that MSME Act protections apply only to suppliers registered at the time of contract formation, not those who register subsequently. The appeal was dismissed, leaving open the broader question of MSME Act applicability when foreign buyers conduct business in India.

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