Rules 48 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 VII of the Rules is about getting an appeal to the other side and what follows. It covers notice with copies of the papers, private service by the appellant when allowed, what happens when a notice comes back unserved, the Registry's entries on service, hearing an appeal ex parte if the respondent stays away, and the respondent's objections or counter.
When the Appellate Tribunal issues notice, the appeal, the supporting affidavit and any documents it orders are served with the notice. If the Tribunal permits service by the party himself (Dasti), the party files an affidavit of service with proof. If a notice returns unserved, the fact is put on the Registry notice board and the appellant must take steps to serve afresh within seven days from the date of the notification. A respondent who does not appear despite effective service may be heard ex parte. A respondent directed to file objections files them within the time allowed, verified like an appeal, in three copies. 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 48: issue of notice
- Rule 48(1). Where notice of an appeal, petition or interlocutory application is issued, copies of it, of the supporting affidavit and, if the Appellate Tribunal so orders, of other documents filed with it, are served along with the notice on the other side.
- Rule 48(2). The copies show the date of presentation of the appeal or interlocutory application, the name of the party's authorised representative, if any, with his full address for service, and the interim order, if any, made on it.
- Rule 48(3). The Tribunal may order notice in appropriate cases and also permit the party to serve the notice on the other side by Dasti. The notice is then delivered to that party, and it is for that party to file an affidavit of service with proof.
The address for service comes from the appeal; see the article on rules 19 to 21. If a respondent has received a notice from an appellate forum and needs to respond, our reply to legal notice service helps with the first response.
Rule 49: summons
Where summons or notice is ordered by private service, the appellant, applicant or petitioner (unless already served on the other side in advance) arranges to serve a copy of all appeals, petitions or applications by registered post or courier service, and files an affidavit of service with its proof of acknowledgement before the date fixed for hearing.
Rule 50: steps for issue of fresh notice
- Rule 50(1) says that if any notice "issued under rule 46" is returned unserved, that fact and the reason are notified immediately on the notice board of the Registry. As printed, rule 46 is the rule on the file for miscellaneous applications; the issue of notice is dealt with in rule 48. The cross-reference is quoted as printed and should be read as pointing to the notice rule.
- Rule 50(2): the applicant or petitioner, or his authorised representative, must within seven days from the date of the notification take steps to serve the notice afresh.
Count the seven days from the date of the notice-board notification, leaving out that day, as rule 3 provides; see the article on rules 3 to 7.
Rule 51: consequence of failure to take steps
Where, after summons issued and returned unserved, the applicant, petitioner or appellant fails to take the necessary steps within the period ordered by the Appellate Tribunal from the date of return, the Registrar posts the case before the Appellate Tribunal for further directions or for dismissal for non-prosecution. Read with rule 50(2), the seven days is the period the Rules print; rule 51 speaks of the period "as ordered by the Appellate Tribunal".
Rule 52: entries regarding service
The Judicial Section of the Registry records in the order sheet column "Notes of the Registry" the details of service on respondents: the date of issue, date of service, date of return if unserved, steps taken for fresh notice and date of completion of service. The order sheet is described in the article on rules 35 to 40.
Rule 53: non-appearance of respondent
Where a respondent, despite effective service of summons or notice, does not appear before the date fixed for hearing, the Appellate Tribunal may proceed to hear the appeal ex parte and pass a final order on merits. A proviso says the Tribunal may seek the assistance of any authorised representative as it deems fit where the matter involves intricate and substantial questions of law with wide ramifications.
Rule 54: objections by the respondent
- Rule 54(1): the respondent, if so directed, files objections or counter within the time allowed by the Appellate Tribunal.
- Rule 54(2): the objections or counter are verified as an appeal, and new facts introduced for the first time with leave are affirmed by a supporting affidavit.
- Rule 54(3): the respondent, if permitted to file, also files three copies after serving copies on the appellant or petitioner or their authorised representatives.
Affidavits are in Form NCLAT-4 and are covered in the article on rules 67 to 72.
Service at a glance
| Stage | Rule | Who acts | Time or proof |
|---|---|---|---|
| Notice with copies | 48(1)-(2) | Appellate Tribunal, with copies served | Copies show date, representative and interim order |
| Dasti service | 48(3) | Party serves, if permitted | Affidavit of service with proof |
| Private service | 49 | Appellant | Registered post or courier; affidavit with proof before hearing date |
| Unserved notice | 50(1) | Registry | Notice board, immediately |
| Fresh notice | 50(2) | Applicant or petitioner | Seven days from notification |
| Failure to act | 51 | Registrar | Post before the Tribunal for directions or dismissal |
| Respondent absent | 53 | Appellate Tribunal | May hear ex parte and pass final order |
| Respondent's objections | 54 | Respondent, if directed | Within the time allowed; three copies |
Same as before the NCLT?
Very close to NCLT rules 105 to 111. Differences: NCLT rule 105 also covers a caveat and adds sub-rule (4) requiring the acknowledgement for Dasti service to be filed before the date fixed for return of notice; NCLAT rule 48 has no such sub-rule. The NCLT fresh-notice rule 107 refers to "rule 105", while NCLAT rule 50 says "rule 46" (the slip noted above). The NCLT non-appearance rule 110 speaks of "counsel", the NCLAT rule 53 of "authorised representative". See Rules 105 to 111 of the NCLT Rules.
An example
Sunrise Chemicals Limited appeals. The Tribunal orders notice and permits the company to serve by Dasti. The notice to one respondent returns unserved and is posted on the notice board. Sunrise's representative takes fresh steps within seven days and files an affidavit of service with proof. Another respondent does not appear despite effective service; the Tribunal may hear the appeal ex parte under rule 53.
Need help responding to or serving a notice of appeal?
Service defects and missed seven-day windows can cost an appeal. If you are a respondent served with an appeal, or an appellant arranging service, our reply to legal notice team can guide the next steps.
Key takeaways
- Notice goes with the appeal, the supporting affidavit and any documents the Tribunal orders (rule 48).
- Private service is by registered post or courier, with an affidavit of service and proof before the hearing date (rule 49).
- An unserved notice goes on the notice board; fresh steps are due within seven days (rule 50).
- Failure to take steps can lead to dismissal for non-prosecution (rule 51).
- A respondent who does not appear may be heard ex parte (rule 53); objections follow rule 54.
Read next
- Rule 22: presenting an appeal in Form NCLAT-1
- Rules 67-72: affidavits and Form NCLAT-4
- Rules 105-111 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.