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SC Ruling in Vaishno Enterprises Case on MSME Registration Post-Contract

Taxmann Blog•
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Summary

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  • The Supreme Court in M/s. Vaishno Enterprises v. Hamilton Medical AG ruled that the MSME Facilitation Council lacked jurisdiction over disputes arising from contracts executed before MSME registration.
  • The Court clarified that only suppliers registered as MSMEs at the time of contract formation can invoke protections under the Micro, Small and Medium Enterprises Development Act, 2006.
  • This decision emphasizes the importance of timely MSME registration for businesses seeking statutory benefits in contractual agreements.
  • However, the Court left open questions regarding the jurisdictional applicability of the MSMED Act to foreign buyers and post-contract registrations for future adjudication.

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