INSTRUCTIONS

Following guidelines must be followed while filing reference petition before MSEF
Council, Pune division.

(Incomplete petitions may be rejected/would not be accepted.)

1) All filings must be on Legal green paper (Ledger Paper).

2) Font to be used is Times New Roman only in size 14 with 1.5 spacing. Margin on
Left: 1.5; Margin on remaining sides: 1.
3) The petition and its accompanying documents must be arranged in sequence
with proper page number. Page number should be displayed on upper-right
corner of the page.
4) Filing of petition must be made in following manner only:

Sr.No. Particulars
1. Petition (Pro forma is enclosed herewith)
2. Annexure I (Calculation of interest on outstanding Amount)
3. Board Resolution for authorizing the concerned person to file the Petition
for Private limited/ Limited/Societies/ LLP’s and represent the same on
behalf of Petitioner; in case of Partnership firm/ proprietary concern
authority letter as the case may be or Vakaltnama (in case Petition is
represented through Advocate/Pleader).
4. List of Documents in support of Petition must be arranged in following
manner:
Sr.No. Particulars Remark Page No.
1 EM Part II/ Udyog Aadhar Self attested
Registration Memorandum/
Udyam Registration
2 MSME Data Bank detailed sheet Self attested
3 Purchase Order/ Work order/ Self attested
Service Order/ Work Contract
Agreement etc.;

(In case of Work order/ Purchase

order is Verbal, an affidavit stating
details of such order duly noted in

Page 1 of 8
 notorial register and notarized)
4 Amended/extension of Purchase Self attested
order (If any)

5 All Relevant Tax invoices Self attested

6 Delivery Challans/ Receipts, Self attested

acknowledgments

7 Acceptance of Material , Rejection Self attested

of Material (If any)
8 Documents related to efforts made Self attested
to recover outstanding dues
(postal correspondence/Email-
communication between parties/
Minutes of meeting /Legal Notice/
Communication made by any other
means or any other relevant
documents etc.
9 Payment made by Respondent to Self attested
Petitioner/ Ledger Account
statement.

10 Duly audited Balance sheet Attested by

Auditor
11 All orders passed in proceedings Certified
which are previously initiated copies
against the Respondent. (if any)
5. Address memo of Petitioner and Respondent which should clearly mention
the Detailed Postal Address of Factory and Office, E-mail address, Contact
Number of both parties etc.
6. Annexure II
Affidavit (Notarized) in support of Petition on requisite Stamp paper. (as
per proforma see Rule 5.14)

Page 2 of 8
 (Proforma Reference Petition under MSMED Act 2006 for Delayed Payment)

BEFORE THE HON’BLE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL

PUNE, AT PUNE

PETITION NO.___________OF 20___

ABC

(Name of Supplier; Detailed Registered

Address of Supplier;

Contact Number; Email ID)

….Petitioner

Vs.

XYZ

(Name of Buyer; Detailed Registered

Address of Buyer;

Contact Number; Email ID)

….Respondent

REFERENCE PETITION UNDER SECTION 18

OF MICRO, SMALL AND MEDIUM
ENTERPISES DEVELOPMENT ACT, 2006.

Page 3 of 8
The Petitioner most respectfully states as under:-

1. Full details of Supplier/Petitioner and Purchaser/Respondent along with

Postal Address of office and Factory:

a) Supplier/Petitioner:
b) Purchaser/ Respondent:
2. Brief facts of the Case/ Case Synopsis:

3. Details of Transaction between parties:

a) Purchase Order (In case of verbal order, there should be additional

accompanying affidavit stating verbal transaction between the
parties)
b) Supplies made by Petitioner; Delivery acknowledgement by
Respondent.
c) Period for which payment is not made by Respondent:
4. Efforts made to recover dues:

a) In case through e-mail communication.

b) In case by Postal correspondence.
c) Notices exchanged between parties.
5. Total Amount i.e. Bill amount and interest as provided in the act:

a) Calculation of interest on delayed payment as per annexure.

6. Jurisdiction: Registered office of the Petitioner Company is situated
within the local limits of this Honorable Council. Thus, this Honorable
council has every Jurisdiction to entertain, try, and decide the present

Page 4 of 8
 petition on merits. Petitioner herby request to this Honorable Council to
decide this matter as per provisions of the act.
7. Limitation: There is no any kind of bar or impediment of limitation for
present subject matter as the reference petition is filed well within the
period of limitation.

8. Class of Petitioner: Manufacturer/ Service Provider

9. Request to the chairman of the MSEF Council to act as an Arbitrator and

Conciliator: Petitioner hereby requests Hon’ble Council to act as an
Arbitrator and Conciliator in the present reference petition.

10. No any kind of proceeding initiated against Respondent before the date
of filing of this Reference Petition regarding same subject matter. (If filed
and the same is pending or disposed; its details should be stated and the
copy of all orders passed in such proceeding must be attached.)

11. Prayer:

a) Petition may kindly be allowed with costs.

b) Respondent may kindly be directed to pay to the Petitioner the

outstanding principal amount of Rs. __________________ with interest
amounting to Rs. _________as per the act.

c) Any other order may kindly be passed in the interest of justice, equity
and good conscience.

Page 5 of 8
 BEFORE THE HON’BLE MICRO AND SMALL ENTERPRISES FACILITATION COUNIL
ANNEXTURE - I
Calculation of Interest on outstanding amount

Date:

Name and address of Petitioner Unit:- Amount (in words):

Sr. Purchase Order Invoice Total Due date of Date of Balance Delay in days Date of Total Remarks
No. No., date and details of Amount Payment as Receipt of Outstanding\ from 45th day demand of Interest
Quantity of Quantity per invoice per Payment Principal of acceptance interest (on amount due
items supplied & (in Rs.) agreement/ and amt amount (Specify days along delayed (in Rs.)
date as mutually Received (in Rs.) with dates ) payment)
agreed (in Rs.) (Col. 4- Col. 6)
1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11.

Total :

Note:

1. Rate of Interest on outstanding amt. may be considered as per prevailing PLR issued by RBI from time to time.

2. Pl. mention the details of P.O. and invoices. In case of multiple invoices raised in the same P.O, applicant should mention
details of each invoice.

Page 6 of 8
Page 7 of 8
 Annexure –II

(See rule 5.14)

AFFIDAVIT

I Mr. _____________________________________Authorized Person of

_________________________________________, Age: _____ years, Occupation: __________,
Address: __________________________,hereby take oath and state on solemn affirmation
that the application which has been submitted to the Maharashtra Micro & Small Enterprises
Facilitation Council containing ______________ pages and facts mentioned therein and
documents enclosed there with are factually true and correct, and I shall be responsible for
any discrepancies found later.

Authorized Person Signature

Name

Place

Date:

Page 8 of 8