Property Allotted In Lieu Of Ancestral Land Left In Pakistan Retains Coparcenary Character; Karta Cannot Gift It Away: Punjab & Haryana HC Bail Applicant Under 'Solemn Obligation' To Disclose Criminal History; Material Suppression Disentitles Discretionary Relief: Orissa High Court Mother Surreptitiously Marrying Away Daughter Without Father’s Knowledge Amount To Mental Cruelty: Madras High Court Grants Divorce Time Is Generally Not The Essence Of Contract In Sale Of Immovable Property; Unilateral Notice Cannot Alter Mutually Agreed Terms: Himachal Pradesh High Court Mere Use Of Surname No Defence If Adoption Is Dishonest & Causes Confusion In Pharma Trade: Delhi High Court Restrains 'Reddy Pharmaceuticals' Complainant’s Failure To Provide Specific Loan Details & Evidence Of Parties' Involvement In Ponzi Scheme Rebuts Section 139 NI Act Presumption: Calcutta High Court Statutory Mandate Of Section 17-B: Payment Of Minimum Wages Means Revised Rates From Time To Time, Not Frozen Amount: Delhi High Court Reporting Court Proceedings & Good Faith Complaints To Authorities Not Defamation: Allahabad High Court Quashes Summoning Order Appointment Obtained Via Fraud Vitiates Initial Entry; Article 311 Protection Not Available To Such Employees: Allahabad High Court Surviving Spouse’s Elevation To Second In Line Of Succession Not ‘Manifestly Arbitrary’: Bombay High Court Upholds Goa Succession Act Amendments Patent Rights Stand Exhausted Once Components Are Sourced From Authorized Market Dealers; Royalty Cannot Be Calculated On Entire Product: Delhi High Court FCI Cannot Unilaterally Reduce Rent Or Recover 'Excess' Payment Without Landlord's Consent & Notice: Punjab & Haryana High Court Judicial Sanctity Cannot Be Given To Adulterous Relationships; No Habeas Corpus For Married Woman Living With Husband: Himachal Pradesh High Court Recoveries From Open Spaces Without Proof Of Concealment Don't Qualify Under Section 27 Evidence Act: Supreme Court Large Time Gap In 'Last Seen Together' Theory Snaps Chain Of Circumstances; Supreme Court Acquits Murder Accused Non-Recovery Of Mobile Phone Or Video Not Fatal To Criminal Intimidation Charge If Victim's Testimony Is Credible: Supreme Court Threat To Upload Private Video Online Violates Woman's Sexual Autonomy, Amounts To 'Imputing Unchastity' Under Sec 506 IPC: Supreme Court Intention To Kill Essential For Section 307 IPC Conviction; Nature Of Injury Not Sole Determinant: Supreme Court Intention To Commit Murder Cannot Be Presumed Merely Because Injury Was Dangerous To Life: Supreme Court Alters Conviction To Section 325 IPC Supreme Court Cancels Bail Of Accused Who Absconded For 42 Days Post-Bail Revocation; Says Contumacious Conduct Bars Fresh Relief High Court Cannot Grant Fresh Bail By Ignoring Supreme Court’s Earlier Order Cancelling Bail Without Change In Circumstances: Supreme Court Mutation Entries Supported By Registered Sale Deeds For Long Period Relevant To Establish Possession: Supreme Court Allegation Of Fraud In Registered Documents Must Be Supported By Foundational Facts; Adverse Inference Drawn If Plaintiff Avoids Witness Box: Supreme Court Commercial Courts Must Assign Reasons For Not Passing Conditional Orders In Summary Judgment Applications: Calcutta High Court Friendly Loan Without Commercial Consideration Not A 'Legally Enforceable Debt' Under Section 138 NI Act: Jharkhand High Court Commercial Courts Act: ₹3 Lakh ‘Specified Value’ Amendment Is Self-Operative; No Separate Govt Notification Required: Andhra Pradesh HC Full Bench Drug Inspector’s Prosecution Voids If Specific Area Of Jurisdiction Is Not Notified In Official Gazette: Kerala High Court Order 41 Rule 27 CPC | Photostat Copies Of Sale Deeds Not Admissible As Additional Evidence To Fill Gaps In Trial Stage: Punjab & Haryana HC

In Contracts, Payment Period Cannot Exceed 120 Days from Acceptance - Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Supreme Court

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, in a significant ruling, has clarified the applicability of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, emphasizing the limitation on payment terms between buyers and suppliers.

Legal Point of Judgement: Interpretation of Payment Terms Under the 1993 Act

The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, dealt with the complexities surrounding Sections 2(b), (c), (f), 3, 4, 5 of the 1993 Act. The crux of the matter hinged on interpreting the maximum permissible payment period in contracts and the initiation of interest on delayed payments.

Facts and Issues: Snehadeep Structures Pvt. Limited vs Maharashtra Small Scale Industries Development Corporation Ltd.

In this civil appeal, Snehadeep Structures Pvt. Limited (SSPL) challenged the arbitral award set aside by the High Court in favor of Maharashtra Small Scale Industries Development Corporation Ltd. (MSSIDCL). The primary issue revolved around the agreed payment terms and the calculation of interest on delayed payments as stipulated by the 1993 Act.

Court's Detailed Assessment:

120-Day Payment Limit: The court held that any agreement between a supplier and a buyer must adhere to a maximum payment term of 120 days from the date of acceptance or deemed acceptance, as per the proviso to Section 3 of the Act.

Definition Clarity: The court underscored the importance of definitions such as 'appointed day', 'buyer', and 'supplier' within the 1993 Act for calculating interest on delayed payments.

Compound Interest Considerations: The Court raised the need for clarity on whether compounded interest under Section 5 of the Act should be treated as principal for future interest calculations.

Restitution and Enforcement of Security: MSSIDCL's entitlement to enforce security or seek restitution under Section 144 of the Code of Civil Procedure, 1908, was affirmed.

Decision of the Court: The Supreme Court dismissed the appeal, maintaining the High Court's decision to set aside the arbitral award. The court directed further proceedings to determine the facts relevant to the date of acceptance or deemed acceptance for interest calculation under the 1993 Act.

Date of Decision : March 5, 2024.

Snehadeep Structures Pvt. Limited vs Maharashtra Small Scale Industries Development Corporation Ltd. -

Latest Legal News