Rules 56 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 56 tells the holder of a Tribunal order how to ask for it to be executed: by an application in Form NCLT-8. Rule 57 tells the Tribunal what to do next: issue a process of execution in the forms of the Code of Civil Procedure, 1908, hear the respondent's objections and, where fit, issue an attachment or recovery warrant.
The holder of an order passed by the Tribunal applies for its execution in Form NCLT-8 (rule 56). On receipt, the Tribunal issues a process for execution in the form provided in the Code of Civil Procedure, 1908 (rule 57(1)). It then considers the respondent's objections and makes such order as it deems fit, and issues an attachment or recovery warrant in the Code's form, as the case may be (rule 57(2)). Form NCLT-8 refers to section 424(3) of the Act and to Order 21, Rule 11 of the Code. 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, as should the current text of the Code.
Rule 56: application for execution
"For execution of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in Form NCLT.8." The rule is short and has one demand: the application is in the prescribed form. The person who applies is the holder of the order, which may be the petitioner, a respondent in whose favour costs were awarded, or any other party to whom the order gives a right.
If you hold an order that the other side is not complying with, our legal dispute resolution team can help with preparing the application and the property schedule.
Rule 57: issue of process of execution
Rule 57(1): process on receipt
On receipt of an application under rule 56, the Tribunal shall issue a process for execution of its order in such Form as provided in the Code of Civil Procedure, 1908 (5 of 1908). The Rules borrow the Code's forms rather than print their own.
Rule 57(2): objections and warrants
The Tribunal shall consider objection, if any, raised by the respondent and make such order as it deems fit, and shall issue attachment or recovery warrant in such form as provided in the Code of Civil Procedure, 1908, as the case may be. In sequence: the respondent may object; the Tribunal rules on the objection; and then a warrant of attachment or recovery issues if appropriate.
The Rules name the Code of Civil Procedure, 1908 as the source of the forms; check its current text and the Tribunal's practice before relying on a particular form. The Act's own provisions on how Tribunal orders are enforced are in section 424; see our guide to section 424.
Form NCLT-8: headings as printed
Form NCLT-8 (see rule 56) carries the heading "as in Form NCLT-4" and the Company Petition number. It is titled Application for Execution of Order under clause (3) of section 424 of the Act with reference to a Decree (Order 21, R.11.). The applicant, as "holder of an order passed by the National Company Law Tribunal", applies for execution under Order 21 Rule 11 of the Code of Civil Procedure, 1908 read with section 424(3) of the Act.
The form is a table of nine columns:
- the number of the Company Application, Company Petition, Company Appeal or Misc. Company Application;
- the names of the parties;
- the date of the order;
- whether any appeal was preferred from the order;
- payment or adjustment made, if any;
- previous application, if any, with date and result;
- the amount with interest due upon the order or other relief granted, with particulars of any cross order or decree;
- the amount of costs, if any, awarded; and
- against whom the order is to be executed.
Below the table the applicant states the mode in which the assistance of the Tribunal is required:
- attachment and sale of movable property: the applicant prays that the total amount, with interest on the principal sum up to the date of payment and the costs of taking out execution, be realised by attachment and sale of the defendant's movable property as per an annexed list; and
- attachment and sale of immovable property: the same prayer for the defendant's immovable property specified at the foot of the application.
The applicant declares that what is stated is true as far as he knows and believes, and signs as the order or decree holder. A second part, headed Description and Specification of Property, is used where immovable property is sought to be attached; the printed specimen describes an undivided share in a house with its boundaries, and the applicant makes a similar declaration. A note says a similar form may also be used for transfer of the order to any other Tribunal having territorial jurisdiction to entertain the order as a decree under the Code of Civil Procedure, 1908 read with section 424.
From order to warrant
| Step | Rule | Who | What |
|---|---|---|---|
| Application | 56 | Holder of the order | Form NCLT-8 |
| Process of execution | 57(1) | Tribunal | In the form provided in the Code of Civil Procedure, 1908 |
| Objections | 57(2) | Respondent, then Tribunal | Tribunal considers and makes an order |
| Warrant | 57(2) | Tribunal | Attachment or recovery warrant in the Code's form |
An example
Sunrise Agro Limited has an order directing Meridian Foods Private Limited to pay a stated sum with costs. Meridian does not pay. Sunrise files Form NCLT-8, filling in the order date, the amount with interest and costs, noting that no appeal is pending, and asking for attachment and sale of Meridian's movable property with an annexed list. The Tribunal issues the process, hears Meridian's objection, and then, if satisfied, issues an attachment or recovery warrant.
What a practitioner checks
- That the application is made by the holder of the order and is in Form NCLT-8.
- That every column is completed, including any appeal and any payment already made.
- That movable and immovable property are listed separately, with the immovable property described.
- That the amount with interest, and any costs awarded, are stated correctly.
Need help enforcing a Tribunal order?
An order is only as useful as its enforcement. For help with execution applications and following them through, speak to our legal dispute resolution team.
Key takeaways
- The holder of the order applies in Form NCLT-8 (rule 56).
- The Tribunal issues a process of execution in the Code of Civil Procedure's form (rule 57(1)).
- It considers the respondent's objections and may issue an attachment or recovery warrant (rule 57(2)).
- Form NCLT-8 asks for the mode of assistance: attachment and sale of movable or immovable property.
Read next
- Section 424: procedure before the NCLT
- Sections 425 to 431: contempt, civil court bar and good faith
- Rules 163 to 165: register of appeals and NCLAT orders
- Rules 146 to 152: disposal and pronouncement of orders
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.