Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

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