Rules 35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part V of the Rules, "Record of proceedings", describes the paperwork of a hearing: the diary kept in each appeal, the order sheet, the Court Master's diary, the list of authorities that counsel hand up, the calling of cases and how the Bench's work is supported. Several of these rules affect what a representative should bring to court.
A diary is kept in every appeal and checked by the Deputy Registrar once in a fortnight. The Court Master maintains the order sheet, which holds all orders; orders are in English and signed by the Members, except routine orders which the Court Master signs. Before the day's proceedings begin, parties or authorised representatives furnish the Court Master a list of law journals, reports, statutes and other citations, or photocopies. Cases are called in serial order of the cause list. The Rules are read as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 35: diaries
- Rule 35(1). The clerk-in-charge keeps diaries in each appeal in such form as the Registrar may specify. They must be written legibly.
- Rule 35(2). The diary in the main file contains a concise history of the appeal and the substance of each order passed. In execution proceedings it holds a complete record of all proceedings in execution of the order, direction or rule. The Deputy Registrar checks it and initials it once in a fortnight.
Rule 36: order sheet
- The Court Master maintains an order sheet in every proceeding, containing all orders passed by the Appellate Tribunal from time to time (rule 36(1)).
- All orders are in English and are signed by the Members constituting the Bench. A proviso says routine orders, such as call for the records, put up with records, adjourned, and any other order the Member directs, are signed by the Court Master (rule 36(2)).
- The order sheet also contains the reference number of the appeal, petition or application, the date of order and all incidental details, including the short cause title (rule 36(3)).
This is the document that records what actually happened at each hearing. The Registry's notes on service are recorded in a column of the order sheet called "Notes of the Registry" under rule 52; see the article on notice of appeals. Our dispute resolution team can follow the order sheet after each hearing for your appeal.
Rule 37: maintenance of diary by the Court Master
The Court Master of the Bench concerned maintains legibly a Diary in which the proceedings of the Bench for each sitting are recorded for the applications, petitions or appeals listed in the daily cause list. The matters to be recorded include whether the case was adjourned, part-heard, heard and disposed of, or heard and orders reserved, along with the dates of the next sitting wherever applicable.
Rule 38: statutes or citations for reference
Before the commencement of the proceedings for the day, parties or authorised representatives must furnish to the Court Master a list of law journals, reports, statutes and other citations which may be needed for reference, or a photocopy of the full text of them. In practice, this means the compilation is prepared before the case is called, not during the hearing. The Rules do not say how many copies, and say nothing about e-filing of such lists.
Rule 39: calling of cases in Bench
Subject to the orders of the Bench, the Court Master calls the cases listed in the cause list in serial order. The order of the cause list is in rule 33; see the article on the daily cause list.
Rule 40: regulation of Bench work
Rule 40(1)
When a Bench is sitting, the Deputy Registrar ensures:
- (a) that no inconvenience or wastage of time is caused to the Bench in making available the services of the Court Master, Stenographer, Peon or Attender; and
- (b) the Court Master ensures that perfect silence is maintained in and around the Bench hall and no disturbance is caused to the Appellate Tribunal's functioning, with care taken to maintain the dignity and decorum of the Appellate Tribunal.
Rule 40(2)
When the Appellate Tribunal passes an order or issues directions, the Court Master ensures that the case records, with the proceedings or orders, are transmitted immediately to the Registry. The Registry verifies the records received against the cause list and takes immediate steps to communicate the directions or orders.
Who keeps which record
| Record | Kept by | Rule | Checked or signed by |
|---|---|---|---|
| Diary in each appeal | Clerk-in-charge | 35 | Deputy Registrar, once a fortnight |
| Order sheet | Court Master | 36 | Members (routine orders by the Court Master) |
| Bench diary | Court Master | 37 | Not stated |
| Citations list | Furnished by parties or authorised representatives to the Court Master | 38 | Not stated |
Same as before the NCLT?
These rules match NCLT rules 91 to 96 closely. Wording differences: the NCLT diary rule says the form is "specified in each appeal or petition or application" where NCLAT says "such form as may be specified by the Registrar"; the NCLT Court Master keeps a "Court Diary" and the NCLAT Court Master a "Diary"; the NCLT citations rule names "legal practitioners" where the NCLAT rule names "authorised representatives". The NCLT regulation rule speaks of the "Court Hall" and "court" where NCLAT speaks of the "Bench hall" and the "Appellate Tribunal". See Rules 91 to 96 of the NCLT Rules.
An example
Vertex Cables Private Limited's appeal is listed for admission. Its authorised representative gives the Court Master, before the day's proceedings begin, a list of the statutes and reports the appeal depends on, with photocopies (rule 38). When the case is called, the Court Master calls it in serial order (rule 39). At the end, the Court Master records "adjourned" with the next date in the diary (rule 37), and a routine adjournment order is signed by the Court Master, not the Members (rule 36(2) proviso).
Need help preparing for a hearing before the NCLAT?
A well-prepared citation list and a clean record of orders make hearings smoother. If you want your appeal prepared and followed through the hearing stages, talk to our dispute resolution team.
Key takeaways
- Each appeal has a diary, checked by the Deputy Registrar once in a fortnight (rule 35).
- The Court Master keeps the order sheet; orders are in English; routine orders are signed by the Court Master (rule 36).
- The Court Master's diary records adjourned, part-heard, disposed and reserved cases (rule 37).
- Parties or authorised representatives furnish a list of citations before the day's proceedings begin (rule 38).
- After an order, records go immediately to the Registry (rule 40(2)).
Read next
- Rules 33-34: the daily cause list
- Rules 41-47: registers, case files and destruction of records
- Rules 91-96 of the NCLT Rules
- Appearing before the NCLAT
Disclaimer: Based on the National Company Law Appellate Tribunal Rules, 2016 (G.S.R. 717(E)) as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLAT practice directions and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.