Rules 36 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.
Rule 36 is an accounting rule for the Registry: how payments received by postal order, draft or cash are recorded and banked. Rule 37 is the rule respondents care about: the Tribunal issues a show-cause notice in Form NCLT-5 with a copy of the application, and a respondent who contests files a reply with an affidavit before the hearing.
The Registry enters every payment by Indian postal order, demand draft or cash immediately in a Cash Register, and the cashier banks it (rule 36). The Tribunal issues a notice to the respondent to show cause against the application or petition on a date of hearing, in Form NCLT-5, with a copy of the application and supporting documents (rule 37(1)). If the respondent does not appear on that date, the Tribunal, after reasonable opportunity, shall forthwith proceed ex parte to dispose of the application (rule 37(2)). A contesting respondent files a reply with an affidavit and copies of documents, with advance service on the petitioner, before the hearing (rule 37(3)). The Rules are read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); neither rule was changed by the amendments held.
Rule 36: maintenance of cash register
- Rule 36(1). If any payment is received by Indian postal orders, demand drafts or cash, the Registration Clerk immediately enters it on the receipt side of a Cash Register.
- Rule 36(2). On every next working day, or the last working day of the week, the payments received by postal order or demand draft are transmitted to the cashier, who after scrutiny and verification acknowledges the receipt of all moneys in the Cash Register.
- Rule 36(3). The cashier deposits all payments received by postal order, demand draft or cash in the Bank account of the Tribunal.
This is an internal accounting rule. For a party it means that the fee paid with a petition is recorded on receipt; the amounts are in the Schedule of Fees, read in the article on rule 112.
Rule 37: notice to opposite party
Rule 37(1): the notice
The Tribunal issues notice to the respondent to show cause against the application or petition on a date of hearing specified in the notice. The notice is in Form NCLT-5 and is accompanied by a copy of the application with supporting documents. A respondent who receives it can take help from our reply to legal notice service.
Rule 37(2): respondent does not appear
If the respondent does not appear on the date specified in the notice, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex parte to dispose of the application. The words "reasonable opportunity" matter: the rule does not allow an order without it. For how a Bench deals with absence and restoration, see the article on rules 44, 48 and 49.
Rule 37(3): the respondent's reply
If the respondent contests the notice, it may, in person or through an authorised representative, file a reply:
- accompanied by an affidavit;
- with copies of the documents it relies on;
- with advance service on the petitioner or applicant; and
- to the Registry before the date of hearing.
The reply and the copies form part of the record.
Form NCLT-5: headings as printed
Marked "see rule 34 and 37", with the heading "as in Form NCLT 4". It carries the company application number, the company petition number and the I.A. number (starred, omit if not applicable), the name and description of the applicant(s) against the respondent(s), and the word Notice with the section of the Act or other provision under which the application is made. The body reads: let all parties concerned attend the sitting Member(s) in the Tribunal Room or Chamber of the named Member on the stated day, date and time for the hearing of an application by the applicant(s) for an order that (relief set out). It ends with the date, the signature of the Registrar or authorised representative of the applicants, a statement that the notice was taken out by the named authorised representative and will be supported by the affidavit(s) of a named deponent, and "To Respondent(s)/Opposite Party".
The notice-to-reply path
| Step | Rule | Who | What |
|---|---|---|---|
| Notice in Form NCLT-5 with copy of application | 37(1) | Tribunal | Show cause on a date of hearing |
| Service of the notice | 38 | Tribunal or party, as directed | See rules 38 and 38A |
| Reply with affidavit and documents | 37(3) | Respondent | Advance service on the petitioner; filed before the hearing |
| Absence of respondent | 37(2) | Tribunal | Ex parte disposal after reasonable opportunity |
An example
Zenith Components Limited receives a Form NCLT-5 notice with a copy of an application filed against it. The notice names the hearing date. Its authorised representative files a reply with an affidavit and the documents on which it relies, serves the petitioner in advance, and files it with the Registry before the date. The reply becomes part of the record. A co-respondent that does nothing and does not appear risks ex parte disposal after reasonable opportunity.
Same as before the NCLAT?
The NCLAT Rules use a different structure for notice: rules 48 to 54 provide for notice of an appeal, Dasti service, fresh notice, and objections, and have no cash register rule. See Rules 48 to 54 of the NCLAT Rules. The procedure for the Registry's notice in later parts of the NCLT Rules is in Rules 105 to 111.
What a practitioner checks
- That the Form NCLT-5 notice has the hearing date and a copy of the application with documents.
- That the reply and affidavit are filed before the hearing, with advance service on the petitioner.
- That someone appears on the date, to avoid ex parte disposal.
Need help responding to an NCLT notice?
A respondent who files a reply with an affidavit before the hearing protects its position. For help with the reply and the documents, speak to our reply to legal notice team.
Key takeaways
- Payments received by the Registry are entered immediately in a Cash Register and banked (rule 36).
- The Tribunal issues a show-cause notice in Form NCLT-5 with a copy of the application (rule 37(1)).
- If the respondent does not appear, the Tribunal, after reasonable opportunity, shall forthwith proceed ex parte (rule 37(2)).
- A contesting respondent files a reply with an affidavit, with advance service, before the hearing (rule 37(3)).
Read next
- Rule 34: general procedure and forms
- Rules 38 and 38A: service of notice
- Rules 44, 48 and 49: hearing, default and restoration
- Rules 105-111: issue of notice and objections
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.