Petition for winding up
Section 272 of the Companies Act, 2013 deals with petition for winding up. Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by-- (a) the company; The Act came into force on 01 Apr 2014.
1[272. Petition for winding up.-- (1) Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by--
(a) the company;
(b) any contributory or contributories;
(c) all or any of the persons specified in clauses (a) and (b);
(d) the Registrar;
(e) any person authorised by the Central Government in that behalf; or
(f) in a case falling under clause (b) of section 271, by the Central Government or a State Government.
(2) A contributory shall be entitled to present a petition for the winding up of a company, notwithstanding that he may be the holder of fully paid-up shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the shareholders after the satisfaction of its liabilities, and shares in respect of which he is a contributory or some of them were either originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up or have devolved on him through the death of a former holder.
(3) The Registrar shall be entitled to present a petition for winding up under section 271, except on the grounds specified in clause (a) 2[of that section]:
Provided that the Registrar shall obtain the previous sanction of the Central Government to the presentation of a petition:
Provided further that the Central Government shall not accord its sanction unless the company has been given a reasonable opportunity of making representations.
(4) A petition presented by the company for winding up before the Tribunal shall be admitted only if accompanied by a statement of affairs in such form and in such manner as may be prescribed.
(5) A copy of the petition made under this section shall also be filed with the Registrar and the Registrar shall, without prejudice to any other provisions, submit his views to the Tribunal within sixty days of receipt of such petition.]
Section 272, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Devas Multimedia Private Limited v. Antrix Corporation Limited & Anr.
Court's Decision & Legal Precedent
Section 271(c) of the Companies Act, 2013 authorises the Tribunal to wind up a company formed for a fraudulent and unlawful purpose or whose affairs are conducted in a fraudulent manner. Where fraud in the formation and conduct of Devas is established on the record, concurrent NCLT/NCLAT winding-up orders stand; the petitioner’s motive, pending ICC/BIT awards, and a plea that winding up is a device to defeat those awards do not immunise a fraudulent company, because a product of fraud is in conflict with public policy.
On this section: Settles who may set the Tribunal's winding up jurisdiction in motion and on what procedural terms a petition presented to the Tribunal under this section must be entertained, advertised and heard.
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Devas Employees Mauritius Private Limited vs Antrix Corporation Limited, Ministry of Corporate Affairs, Devas Multimedia Private Limited (in Liquidation)
Court's Decision & Legal Precedent
The appeal of a shareholder of the company under winding up was dismissed: the Court held that a shareholder resisting a winding up petition has no locus beyond the hearing that the principles of natural justice require the Tribunal to give, and cannot insist on cross-examination of the petitioner's witnesses where the fraud is established on documents.
On this section: Delimits the standing of a contributory/shareholder in a winding up petition presented to the Tribunal under this section, as an objector rather than as a party with an independent right to contest.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… These statutes provided for multiple forums, such as the Board of Industrial and Financial Reconstruction (BIFR), Debt Recovery Tribunal (DRT) and National Company Law Tribunal (NCLT) and their respective Appellate Tribunals. Liquidation of companies was handled by the High Courts under the provisions of Sections 271 and 272 of the Companies Act, 2013 corresponding to Sections 433, 434 and 439 of the Companies Act, 1956. Individual bankruptcy and insolvency was dealt with under the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920, which have been repealed by the IBC. 35. As stated in its Object and …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 272
What have the courts held on Section 272 of the Companies Act?
Devas Multimedia Private Limited v. Antrix Corporation Limited & Anr. (17 Jan 2022) is the leading judgment on this section among those set out below: Settles who may set the Tribunal's winding up jurisdiction in motion and on what procedural terms a petition presented to the Tribunal under this section must be entertained, advertised and heard. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 272 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 272, section 272 Companies Act, section 272 of the Companies Act. People searching for it also type companies act 2013 section 272. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Devas Multimedia Private Limited v. Antrix Corporation Limited & Anr. (17 Jan 2022).
What should I read with Section 272 of the Companies Act, and has it changed?
Its own text turns on section 271 (Circumstances in which company may be wound up by Tribunal), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently Companies (winding up) Rules 2020 (2020), then Delegations of Powers to Regional Directors under section 458 of CA, 2013 (2016).
When did Section 272 of the Companies Act come into force?
Section 272 of the Companies Act, cited as Companies Act 272, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.