Rules 41 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 VI of the Rules, "Maintenance of Registers", tells the Registry how to keep the appellate record. Rule 41 lists three registers, rule 42 splits the record of every appeal into four files, rules 43 to 46 say what each file holds, and rule 47 provides for destruction of records after six years with the Chairperson's prior order, except for permanent record.
The Registry keeps three registers: of appeals, of unnumbered appeals and of interlocutory applications. The record of each appeal is kept in four parts: main file, miscellaneous application file, process file and execution file. Rules 43 to 46 list what goes into each. Records other than permanent record may be destroyed by the Registrar or Deputy Registrar after six years from the final conclusion of the proceedings, after obtaining the Chairperson's prior order. The permanent record includes orders, the appeal register, the petition register and anything else the Chairperson includes. 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 41: registers to be maintained
The Registry maintains and posts on a day-to-day basis, through ministerial officers as the Registrar may direct (subject to any order of the Chairperson):
- register of appeals;
- register of unnumbered appeals; and
- register of interlocutory applications.
The numbering of an admitted appeal in the register of appeals follows rule 27; see the article on registration.
Rule 42: arrangement of records in pending matters
The record of an appeal is divided into four parts, collated and maintained:
- (a) Main file (the appeal being kept separately);
- (b) miscellaneous application file;
- (c) process file; and
- (d) execution file.
What each file contains
| File | Rule | Contents, in the order the Rules give |
|---|---|---|
| Main file | 43 | Index; order sheet; final order or judgment; memo of appeal or petition with any schedule; counter, reply or objection, if any; oral evidence or proof of affidavit, evidence taken on commission and documentary evidence; written arguments |
| Process file | 44 | Index; powers of attorney, vakalatnama or memo of appearance; summons and other processes with related affidavits; applications for summoning witnesses; letters calling records; other miscellaneous papers such as postal acknowledgements |
| Execution file | 45 | Index; order sheet; the execution application; all processes and other papers connected with execution; transmission of the order to a civil court, if ordered; result of execution |
| Miscellaneous applications | 46 | One file with a title page; right after it the diary, the miscellaneous applications, supporting affidavit, order sheet and all other documents |
The main file is to be kept in that order and is "maintained as permanent record till ordered to be destroyed under the rules" (rule 43). This is why the Rules also say what "permanent record" means in rule 47.
Who benefits from knowing this
A representative who knows the file structure can see where a paper belongs. For example, the vakalatnama or memorandum of appearance under rule 64 goes into the process file, and a supporting affidavit for an interlocutory application sits in the miscellaneous applications file. If you need to check what the Registry holds on your appeal, inspection is by application; see the article on inspection of records. For help organising the papers behind your own file, our compliance documentation service can help you build a clean set.
Rule 47: destruction of record
The record of the Appellate Tribunal, except permanent record, is ordered to be destroyed by the Registrar or the Deputy Registrar after six years from the final conclusion of the proceedings, after obtaining prior order of the Chairperson.
The Explanation says that, for this rule, permanent record includes:
- the order;
- the appeal register;
- the petition register; and
- such other record as the Chairperson may order to be included.
Return of documents produced is dealt with separately in rule 76; see the article on production of documents. The Rules give no calendar rule for when the six years start other than "final conclusion of the proceedings".
Same as before the NCLT?
The structure is the same, but the preservation rules differ. The NCLT keeps four registers (including a register of caveats lodged, since there is a caveat rule there) and its process file mentions "power of attorney or vakalatnama" without a memo of appearance. On retention, NCLT rule 103 says physical records are preserved for five years after the final order and the Registry keeps the record of petitions, applications and orders for fifteen years, and rule 104 has the Record Keeper scrutinise records within three days of receipt and the Registrar weed out records after the preservation period. The NCLAT Rules have a single destruction rule: six years from final conclusion, with the Chairperson's prior order, and a permanent-record exception. See Rules 97 to 104 of the NCLT Rules.
An example
Eastwind Metals Limited's appeal was finally concluded. Its counsel asks what the Registry will keep. Under rule 47, the Registry may destroy non-permanent record only after six years from final conclusion and only after the Chairperson's prior order; the final order and the registers are permanent record and stay. Counsel notes the date of final conclusion in the company's file so that the six years can be tracked.
Need help organising your appeal papers?
Clean records help at every stage, from filing to execution. If you need the documents for an appeal indexed and assembled in line with the Rules, speak to us about compliance documentation.
Key takeaways
- Three registers: appeals, unnumbered appeals, interlocutory applications (rule 41).
- Four files: main, miscellaneous application, process, execution (rule 42).
- Rules 43 to 46 list the contents of each file in a fixed order.
- Non-permanent record may be destroyed after six years from final conclusion, with the Chairperson's prior order (rule 47).
- Permanent record includes the order, the appeal register, the petition register and anything the Chairperson adds.
Read next
- Rules 35-40: diaries and the order sheet
- Rules 57-62: inspection of records and Form NCLAT-3
- Rules 97-104 of the NCLT Rules
- Section 424: procedure before the NCLT
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.