Rules 38 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 38 says how a notice or process of the Tribunal is served: by post or courier, by e-mail, by hand delivery, by registered or speed post with acknowledgment due, or by the party himself, and, where those fail, in any manner the Tribunal considers just. Rule 38A, inserted in 2016, requires a petition to be based on a single cause of action.
A notice or process may be served by post, by courier or at the e-mail address given in the petition, application or reply (rule 38(1)). A physically served notice goes by hand delivery through a process server or authorised representative, by registered or speed post with acknowledgment due or by courier, or by service by the party himself (rule 38(2)). The party who serves files an affidavit of service with proof (rule 38(3)). The Tribunal may order substituted service (rule 38(4)), and service on an authorised representative is deemed proper (rule 38(5)). Rule 38A says a petition rests on a single cause of action and may seek reliefs that are consequential to one another. The words "courier", the Explanation and rule 38A were added by G.S.R. 1159(E) of 20 December 2016. The Rules are read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020).
Rule 38: service of notices and processes
Rule 38(1): post, courier or e-mail
Any notice or process issued by the Tribunal may be served by post or by courier, or at the e-mail address provided in the petition, application or reply. "Or by courier" was inserted by G.S.R. 1159(E). Our dispute resolution team handles service and the affidavits of service.
Rule 38(2): physical service
A notice or process served physically may be served in any one of these modes, as the Tribunal directs:
- (a) by hand delivery through a process server or the respective authorised representative;
- (b) by registered post or speed post with acknowledgment due, or by courier; or
- (c) service by the party himself.
Explanation (inserted 2016). For sub-rules (1) and (2), "courier" means a person or agency which delivers the document and provides proof of its delivery.
Rule 38(3): affidavit of service
- Where the party serves by hand delivery, he files with the Registrar (or a person authorised by the Registrar) the acknowledgment together with an affidavit of service.
- In case of service by registered or speed post, he files an affidavit of service of notice along with the proof of delivery.
Rule 38(4): substituted service
Despite sub-rules (1) and (2), the Tribunal may, taking into account the number of respondents, their place of residence or work, whether service could not be effected in any manner, and other circumstances, direct that notice be served in any other manner, including substituted service, as appears to it just and convenient.
Rule 38(5): service on the authorised representative
A notice or process may also be served on the authorised representative of the applicant or respondent, or on any person authorised to accept it, and such service is deemed a proper service.
Rule 38(6): charges
Where the Tribunal directs service under sub-rule (4), the petitioner or applicant deposits with the Registry such charges as the Tribunal determines, not exceeding the actual charges incurred in effecting service.
Rule 38A: multiple remedies
Rule 38A was inserted by G.S.R. 1159(E) of 20 December 2016. It says: "A petition shall be based upon a single cause of action and may seek one or more reliefs provided that the reliefs are consequential to one another."
So a petition may ask for more than one relief, but only where each flows from the same cause of action. A petition that combines unrelated grievances does not fit the rule. For joint petitions, see the article on rule 23A.
Service modes at a glance
| Mode | Rule | Proof to file |
|---|---|---|
| Post | 38(1) | Proof of delivery with affidavit (38(3)) |
| Courier (delivers and proves delivery) | 38(1), (2)(b) and Explanation | Proof of delivery with affidavit |
| E-mail at the address in the petition or reply | 38(1) | The Rules print no separate proof rule for e-mail |
| Hand delivery by process server or authorised representative | 38(2)(a) | Acknowledgment with affidavit of service |
| Registered or speed post A.D. | 38(2)(b) | Affidavit with proof of delivery |
| Party himself | 38(2)(c) | Acknowledgment with affidavit of service |
| Substituted service by direction | 38(4) | As directed; charges up to actual cost (38(6)) |
| On the authorised representative | 38(5) | Deemed proper service |
The address and e-mail for service come from the petition; see the article on rules 20 to 22. Notice and fresh-notice steps in the later Part are in the article on rules 105 to 111.
An example
Quartz Metals Limited must serve a respondent whose address is uncertain. The Tribunal, noting the respondent's place of work and that service could not be effected by the usual modes, directs substituted service under rule 38(4). Quartz deposits the charges fixed, not exceeding actual cost, and files its affidavit. A second respondent is served through its authorised representative, which is deemed proper service under rule 38(5). The petition itself asks for two reliefs that follow from one board decision, which fits rule 38A.
Same as before the NCLAT?
The NCLAT Rules deal with service differently. Rule 48(3) allows Dasti service on the Tribunal's permission, and rule 49 provides for private service by registered post or courier service with an affidavit of service. There is no rule on e-mail service, no Explanation on "courier" and no rule on single cause of action. See Rules 48 to 54 of the NCLAT Rules.
What a practitioner checks
- Which mode the Tribunal has directed (rule 38(2)) and that proof of delivery is in hand.
- That the courier used delivers and provides proof of delivery (the Explanation).
- The affidavit of service and acknowledgment are ready for the Registrar.
- Whether substituted service should be requested, and the charges for it.
- That every relief sought is consequential to the single cause of action (rule 38A).
Need help with service and the shape of your petition?
Proper service and a clean cause of action prevent avoidable objections. For help preparing the petition and proof of service, speak to our dispute resolution team.
Key takeaways
- Notices may be served by post, courier or e-mail, and physically by hand, registered or speed post (or courier), or by the party himself (rule 38(1)-(2)).
- "Courier" means a person or agency that delivers the document and provides proof of delivery.
- The serving party files an affidavit of service with acknowledgment or proof of delivery (rule 38(3)).
- Substituted service can be ordered; charges are capped at actual cost (rule 38(4), (6)).
- Service on the authorised representative is proper service (rule 38(5)).
- Rule 38A: one cause of action; reliefs consequential to one another.
Read next
- Rules 36-37: notice in Form NCLT-5 and the reply
- Rules 23, 23A and 24: triplicate and joint petition
- Rules 105-111: issue of notice, fresh notice and objections
- Rules 48-54 of the NCLAT Rules
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.