Rules 88 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 XIV, "Pronouncement of orders", covers how the Appellate Tribunal's decision is delivered: as a judgment, with a clear operative paragraph, with corrections initialled, pronounced as soon as possible after hearing or on a date shown in the cause list, and, if needed, by one Member or by a Member authorised by the Chairperson.
The final decision on an appeal is delivered by way of Judgment (rule 88). All orders and directions are stated in clear and precise terms in the last paragraph (rule 89). The Tribunal pronounces the order as far as possible immediately after the hearing; where orders are reserved, the date of pronouncement is notified in the cause list, which is valid notice (rule 91). Reading the operative portion in open court is pronouncement. Any Member may pronounce for the Bench (rule 92), and the Chairperson may authorise another Member where the hearing Members are not readily available (rule 93). 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 88: order
The final decision of the Appellate Tribunal on an appeal or proceedings before it is delivered by way of Judgment. The Rules do not define a judgment further. If you hold an order and need to act on it, our dispute resolution team can read it with you. For the powers of the Appellate Tribunal on appeal, our posts on sections 422 and 423 cover expeditious disposal and the appeal to the Supreme Court.
Rule 89: operative portion of the order
All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order. This is the paragraph a party reads to know what must be done and by when. For orders of the NCLT and rectification, see our post on section 420.
Rule 90: corrections
The Member of the Bench who has prepared the order initials all corrections and affixes his initials at the bottom of each page.
Rule 91: pronouncement of order
- Rule 91(1). The Appellate Tribunal shall, as far as possible, pronounce the order immediately after the hearing is concluded.
- Rule 91(2). When orders are reserved, the date for pronouncement is notified in the cause list, which is a valid notice of intimation of pronouncement.
- Rule 91(3). Reading of the operative portion in open court is deemed to be pronouncement.
Because the cause list is the notice, a party whose appeal has been reserved should watch the cause list for the pronouncement date; see the article on the daily cause list.
Rule 92: pronouncement by any one Member
- Rule 92(1). Any Member of the Appellate Tribunal may pronounce the order for and on behalf of the Bench.
- Rule 92(2). When an order is pronounced this way, the Court Master notes in the order sheet that the order of the Bench consisting of the Chairperson and Members was pronounced in open court on behalf of the Bench.
Rule 93: authorising any Member to pronounce
| Sub-rule | Provision |
|---|---|
| 93(1) | If the Members who heard the case are not readily available or have ceased to be Members, the Chairperson may authorise any other Member to pronounce on his behalf, after being satisfied that the order has been duly prepared and signed by all the Members who heard the case; the order so pronounced is deemed duly pronounced |
| 93(2) | The authorised Member signs the order sheet stating that he has pronounced the order |
| 93(3) | If the order cannot be signed by any one of the Members who heard the case, by reason of death, retirement, resignation or any other reason, the case is deemed released from part-heard and listed afresh for hearing |
The consequence in sub-rule (3) is practical: an order that cannot be signed by all the Members who heard the case does not stand pronounced; the matter goes back to be heard again.
From hearing to pronouncement
| Stage | Rule | What happens |
|---|---|---|
| Hearing concluded | 91(1) | Order pronounced immediately, as far as possible |
| Orders reserved | 91(2) | Pronouncement date notified in the cause list |
| Pronouncement | 91(3) | Reading the operative portion in open court |
| One Member pronounces | 92 | Court Master notes it in the order sheet |
| Hearing Members unavailable | 93(1) | Chairperson authorises another Member after checking the order is prepared and signed |
| A signature missing | 93(3) | Case released from part-heard and listed afresh |
Same as before the NCLT?
Same in structure as NCLT rules 146 to 152, but not identical. NCLT rule 146 says the Tribunal passes "such orders as it thinks fit" after reasonable opportunity of being heard, and may summarily dismiss an appeal for reasons recorded; the NCLAT rule 88 says only that the final decision is by way of Judgment. NCLT rule 150 requires an order to be pronounced at once or as soon thereafter as practicable but not later than thirty days from the final hearing, and gives parties a certified copy; the NCLAT rule 91 has no thirty-day outer limit and says "as far as possible immediately". NCLT rule 149 deals with costs on the defaulting party within the disposal rules, whereas the NCLAT costs rule is rule 56, covered with the fee rules. See Rules 146 to 152 of the NCLT Rules.
An example
Everest Alloys Limited's appeal is heard and orders are reserved. The next cause list shows a date for pronouncement. On that date, one Member reads the operative portion in open court for the Bench; the Court Master notes in the order sheet that the order of the Bench was pronounced on its behalf (rule 92). Had one of the hearing Members retired before the order was signed, the case would be released from part-heard and listed afresh (rule 93(3)).
Need help acting on an order of the Appellate Tribunal?
The operative paragraph tells you what to comply with. For advice on the next step after an order, including a further appeal, speak to our dispute resolution team.
Key takeaways
- The final decision on an appeal is delivered as a Judgment (rule 88).
- The operative directions are in the last paragraph, in clear and precise terms (rule 89).
- Orders are pronounced as far as possible immediately; reserved orders are notified in the cause list (rule 91).
- Reading the operative portion in open court is pronouncement.
- Any Member may pronounce for the Bench; the Chairperson may authorise another Member; a missing signature releases the case from part-heard (rules 92, 93).
Read next
- Rules 82-87: depositions and witness allowance
- Rules 94-99: entries, transmission and format of orders
- Rules 100-104: Supreme Court orders and removal of difficulties
- Sections 422-423: expeditious disposal and appeal to the Supreme Court
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.