Rules 44 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.
Rules 44, 48 and 49 decide what happens at and around the hearing. The Tribunal notifies the date, a petition can be withdrawn only on application and with costs, a petition dismissed because the applicant did not appear can be restored within thirty days, and a respondent heard ex parte can ask to have that set aside.
The Tribunal notifies the parties of the date and place of hearing as the President or a Member directs (rule 44(1)). An applicant who wants to withdraw before the hearing applies to the Tribunal, which may permit it on such costs as it thinks fit (rule 44(2)). If the applicant does not appear, the Tribunal may dismiss for default or decide on merits; a petition dismissed for default is restored on an application within thirty days showing sufficient cause, but a decision on merits is not reopened (rule 48). If the respondent does not appear, the Tribunal may adjourn or hear ex parte, and the respondent may apply to set that aside for non-service or sufficient cause (rule 49). 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 44: hearing of petition or applications
Rule 44(1): notice of hearing
The Tribunal notifies the parties of the date and place of hearing of the petition or application, in the manner the President or a Member may direct by general or special order. The Rules do not fix a single mode; the direction governs.
Rule 44(2): withdrawal before the hearing
If, at any stage before the hearing, the applicant wishes to withdraw the petition or application, it must make an application to that effect. The Tribunal, after hearing the applicant and, if necessary, the other parties arrayed as opposite parties or otherwise, may permit withdrawal, imposing such costs as it deems fit and proper in the interests of justice. Withdrawal is therefore not automatic: it needs leave, and it can carry costs. The general application form for withdrawal is Form NCLT-9; see the NCLT-9 format and withdrawal guide if you need the layout. For help with a withdrawal or a contested hearing, our legal dispute resolution team can assist. A separate rule requires leave to withdraw a section 241 petition, covered in the article on rules 81 to 83A.
Rule 48: consequence of non-appearance of the applicant
Rule 48(1): dismissal for default or decision on merits
If, on the date fixed for hearing or any adjourned date, the applicant does not appear when the case is called, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.
Rule 48(2): restoration within thirty days
Where a petition or application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for non-appearance, the Tribunal shall make an order restoring it. The word "shall" matters: once sufficient cause is shown within the thirty days, restoration follows.
Proviso: where the case was disposed of on merits, the decision shall not be reopened. A restoration application is therefore for dismissal for default only.
The thirty days run from the date of dismissal; the Rules do not say the Tribunal can extend them in this rule, but rule 153 allows the Tribunal to enlarge any period fixed under the Rules for reasons recorded. See the article on rules 14, 15, 58 and 153.
Rule 49: ex parte hearing and disposal
Rule 49(1): the respondent does not appear
If the applicant appears and the respondent does not appear when the case is called, the Tribunal may adjourn the hearing or hear and decide the petition or application ex parte.
Rule 49(2): setting aside the ex parte hearing
A respondent heard ex parte may apply for an order to set it aside. If the respondent satisfies the Tribunal that the notice was not duly served, or that it was prevented by sufficient cause from appearing, the Tribunal may set aside the ex parte hearing upon such terms as it thinks fit.
Proviso: where the ex parte hearing is of such a nature that it cannot be set aside as against one respondent only, it may be set aside against all or any of the other respondents as well.
What happens if a party is absent
| Situation | Rule | What the Tribunal may do | Remedy |
|---|---|---|---|
| Applicant absent | 48(1) | Dismiss for default, or hear and decide on merit | Restoration application within thirty days if dismissed for default (48(2)) |
| Decided on merits | 48(2) proviso | Decision stands | Not reopened under this rule |
| Respondent absent | 49(1) | Adjourn, or hear and decide ex parte | Application to set aside (49(2)) |
| Ex parte order against several respondents | 49(2) proviso | Set aside for all or any others if inseparable | Same application |
| Applicant wishes to withdraw | 44(2) | Permit, on costs | Application before the hearing |
An example
Veritas Logistics Limited files a petition. On the hearing date its counsel is stuck elsewhere and the petition is called in his absence; the Bench dismisses it for default. Within thirty days the company files an application showing why counsel could not appear. If the Tribunal accepts sufficient cause, it must restore. Had the Bench instead heard and decided the petition on merits, the proviso would bar reopening.
What a practitioner checks
- That the date and place of hearing as notified are noted and attended.
- The date of any dismissal for default, and the thirty-day window from it.
- Whether the earlier order was on merits, which the restoration rule does not reopen.
- For a respondent heard ex parte, whether service was proper, and whether co-respondents are affected.
Need help with a dismissed or ex parte matter?
The thirty days under rule 48(2) are short, and the sufficient cause has to be put on paper. For help with restoration and set-aside applications, speak to our legal dispute resolution team.
Key takeaways
- The Tribunal notifies the date and place of hearing as the President or a Member directs (rule 44(1)).
- Withdrawal needs an application and may carry costs (rule 44(2)).
- Dismissal for default may be restored by an application within thirty days showing sufficient cause (rule 48(2)).
- A decision on merits is not reopened under rule 48 (proviso).
- An ex parte hearing may be set aside for non-service or sufficient cause (rule 49(2)).
Read next
- Rules 36 and 37: notice to the respondent and reply
- Rules 105 to 111: notice, fresh notice and respondent's default
- Rules 81 to 83A: withdrawal of a section 241 petition
- Form NCLT-9: format and withdrawal of petition
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.