Rules 105 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 XII covers what happens after the Tribunal orders notice. Copies go to the other side with the notice; the Tribunal may allow Dasti (private) service with an affidavit of service; a notice returned unserved is put on the notice board and the applicant has seven days to serve it afresh; and a respondent who does not appear despite effective service may be heard ex parte.
Where notice of an appeal, petition, caveat or interlocutory application is issued, copies, the supporting affidavit and, if ordered, other documents go with it (rule 105). The Tribunal may allow service by Dasti, and the party then files an affidavit of service with proof (rule 105(3)); where private service is ordered, service is by registered post or courier with an affidavit and acknowledgement filed before the hearing date (rule 106). A notice returned unserved is notified on the Registry's notice board and the applicant must take steps to serve it afresh within seven days (rule 107). If the respondent, despite effective service, does not appear, the Tribunal may hear ex parte and pass a final order on merits (rule 110). A respondent directed to file objections files them within the time allowed with three copies (rule 111). Read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); these rules were not amended. Later amendments should be checked.
Rule 105: issue of notice
- Rule 105(1). Where the Tribunal issues notice of an appeal, petition for caveat or interlocutory application, copies of the same, the affidavit in support and, if the Tribunal so orders, copies of other documents filed with it are served along with the notice on the other side.
- Rule 105(2). The copies show the date of presentation, the name of the authorised representative with full address for service and any interim order made.
- Rule 105(3). The Tribunal may order issue of notice in appropriate cases and permit service by Dasti: the notice is delivered to the party, and it is for that party to file an affidavit of service with proof.
- Rule 105(4). The acknowledgement under sub-rule (3) is filed with the Registry before the date fixed for return of notice.
For the earlier rule on service of notice by post, courier or e-mail, see the article on rules 38 and 38A. A respondent who receives a notice can get help from our reply to legal notice service.
Rule 106: summons
Whenever summons or notice is ordered by private service, the appellant, applicant or petitioner, unless already served 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 proof of acknowledgement before the date fixed for hearing.
Rule 107: steps for issue of fresh notice
- Rule 107(1). If any notice issued under rule 105 is returned unserved, that fact and the reason are notified immediately on the notice board of the Registry.
- Rule 107(2). The applicant or petitioner or his authorised representative shall, within seven days from the date of the notification, take steps to serve the notice afresh.
Rule 108: consequence of failure to take steps
Where, after a summons was issued and returned unserved, the applicant, petitioner or appellant fails to take the necessary steps within the period ordered by the Tribunal from the date of return, the Registrar posts the case before the Bench for further directions or for dismissal for non-prosecution. For restoration of a petition dismissed for default, see the article on rules 44, 48 and 49.
Rule 109: entries regarding service
The judicial branch of the Registry records, in the column in the order sheet headed "Notes of the Registry", the details of completion of service on respondents: the date of issue of notice, date of service, date of return if unserved, steps taken for issuing fresh notice and date of completion of services.
Rule 110: default of appearance of respondent
Where the respondent, despite effective service, does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal, application or petition ex parte and pass final order on merits. Proviso: the Tribunal may seek the assistance of any counsel as it deems fit where the matter involves intricate and substantial questions of law having wide ramifications.
Rule 111: filing of objections by respondent, form and consequences
- Rule 111(1). The respondent, if so directed, files objections or a counter within the time allowed by the Tribunal.
- Rule 111(2). Objections or counter are verified as an appeal or petition, and wherever new facts are introduced for the first time with leave, they are affirmed by a supporting affidavit.
- Rule 111(3). A respondent permitted to file objections or counter also files three copies after serving copies on the appellant or petitioner or their counsel on record or authorised representative.
For the reply that a respondent files under the earlier rules, see the article on rules 36 and 37. For the NCLAT's parallel rules, see Rules 48 to 54 of the NCLAT Rules.
A "notice returned unserved" flow
- The notice is issued with the copies and the affidavit (rule 105(1)).
- It is returned unserved; the Registry puts the fact and reason on the notice board (rule 107(1)).
- Within seven days of that notification the applicant takes steps to serve afresh (rule 107(2)).
- The Registry notes each step in the "Notes of the Registry" column (rule 109).
- If the applicant takes no steps within the period ordered, the Registrar posts the case before the Bench for directions or dismissal for non-prosecution (rule 108).
At a glance
| Rule | Subject | Key words |
|---|---|---|
| 105 | Issue of notice | Copies and affidavit with the notice; Dasti service with affidavit and proof |
| 106 | Summons | Registered post or courier; affidavit of service before the hearing |
| 107 | Fresh notice | Seven days from notification on the notice board |
| 108 | Failure | Registrar posts the case for directions or dismissal for non-prosecution |
| 109 | Entries | "Notes of the Registry" column |
| 110 | Respondent's default | Ex parte hearing and final order on merits |
| 111 | Objections | Within time allowed; verified; three copies |
An example
A notice to Orchid Realty Limited is issued and returned unserved because the address was incomplete. The Registry puts the fact on the notice board on 5 July. The petitioner's authorised representative has seven days from that notification to serve afresh, and does so by registered post with an affidavit of service. Orchid, now effectively served, does not appear on the date fixed; the Tribunal hears the petition ex parte and passes a final order on merits.
What a practitioner checks
- The notice board for any "returned unserved" entry, and the seven-day deadline from the date of notification.
- That the affidavit of service with proof of acknowledgement is filed before the return or hearing date.
- That a directed respondent files objections in time, verified, with three copies.
- That the Registry's notes of service in the order sheet match the steps taken.
Need help responding to a Tribunal notice?
A notice that was served effectively may lead to an ex parte order if no one appears. For help with a response, speak to our reply to legal notice team.
Key takeaways
- Copies, the supporting affidavit and, if ordered, other documents go with the notice (rule 105).
- Dasti or private service needs an affidavit of service with proof (rules 105(3), 106).
- A notice returned unserved must be served afresh within seven days of notification (rule 107).
- A respondent who does not appear despite effective service may be heard ex parte (rule 110).
- Objections are filed within time, verified, with three copies (rule 111).
Read next
- Rules 36 and 37: notice to the respondent
- Rules 38 and 38A: service of notice
- Rules 44, 48 and 49: hearing, default and restoration
- Rules 48 to 54 of the NCLAT Rules: notice of appeal
Disclaimer: Based on the National Company Law Tribunal Rules, 2016 (G.S.R. 716(E)) as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLT 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.