Powers of Tribunal
Section 273 of the Companies Act, 2013 deals with powers of Tribunal. The Tribunal may, on receipt of a petition for winding up under section 272 pass any of the following orders, namely:-- (a) dismiss it, with or without costs; The Act came into force on 01 Apr 2014.
(1) The Tribunal may, on receipt of a petition for winding up under section 272 pass any of the following orders, namely:--
(a) dismiss it, with or without costs;
(b) make any interim order as it thinks fit;
(c) appoint a provisional liquidator of the company till the making of a winding up order;
(d) make an order for the winding up of the company with or without costs; or
(e) any other order as it thinks fit:
Provided that an order under this sub-section shall be made within ninety days from the date of presentation of the petition:
Provided further that before appointing a provisional liquidator under clause (c), the Tribunal shall give notice to the company and afford a reasonable opportunity to it to make its representations, if any, unless for special reasons to be recorded in writing, the Tribunal thinks fit to dispense with such notice:
Provided also that the Tribunal shall not refuse to make a winding up order on the ground only that the assets of the company have been mortgaged for an amount equal to or in excess of those assets, or that the company has no assets.
(2) Where a petition is presented on the ground that it is just and equitable that the company should be wound up, the Tribunal may refuse to make an order of winding up, if it is of the opinion that some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the company wound up instead of pursuing the other remedy.
Section 273, 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.
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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Action Ispat and Power Pvt. LTD vs Shyam Metalics and Energy Limited
Court's Decision & Legal Precedent
Even post-admission of a winding up petition and after appointment of a Company Liquidator to take over assets of a company sought to be wound up, discretion is vested in the Company Court to transfer such petition to the NCLT. Such discretion should be exercised based on whether irreversible steps have been taken in the winding up proceedings. If no actual sales of immovable or movable properties have taken place and the proceedings have not reached a stage making it impossible to set the clock back, the Company Court should transfer the proceedings to NCLT to be dealt with as an application for initiation of corporate insolvency resolution process under the Insolvency and Bankruptcy Code 2016, in accordance with the legislative intent to prioritize corporate revival over liquidation.
On this section: Powers of NCLT in winding up proceedings - to dismiss petition, appoint provisional liquidator, make winding up order, or pass other orders
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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… JUSTICE ASHOK KUMAR GAUR Order 16/12/2021 IA No.4/2019:- The applicant-State of Rajasthan through Additional Chief Secretary, Agriculture Department, Government Secretariat, Jaipur has filed the present miscellaneous application under Sections 391 & 443 of the Companies Act, 1956 read with Sections 230 and 273 of the Companies Act, 2013, seeking revival of the Rajasthan State Agro Industries Corporation Limited. The Company Petition No.30/1996 was filed by the Rajasthan State Agro Industries Corporation Limited (hereinafter referred to as 'the Company') for the purpose of its voluntary winding up. This Court vide …
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… winding up, if it is of the opinion that some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the company wound up instead of pursuing the other remedy." ( emphasis supplied ) Thus, it is implicit through Section 273(1)(c) of the Companies Act, 2013 that the Provisional Liquidator of the company may be appointed by the Tribunal till the making of a winding up order. The order dated 28.02.2013 relied upon on behalf of the petitioner in Co.Pet. 36/2013 is not an order for winding up of the company M/s Catmoss Retail Private …
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… winding up, if it is of the opinion that some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the company wound up instead of pursuing the other remedy." ( emphasis supplied ) Thus, it is implicit through Section 273(1)(c) of the Companies Act, 2013 that the Provisional Liquidator of the company may be appointed by the Tribunal till the making of a winding up order. The order dated 28.02.2013 relied upon on behalf of the petitioner in Co.Pet. 36/2013 is not an order for winding up of the company M/s Catmoss Retail Private …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 273
What have the courts held on Section 273 of the Companies Act?
Action Ispat and Power Pvt. LTD vs Shyam Metalics and Energy Limited (15 Dec 2020) is the leading judgment on this section among those set out below: Powers of NCLT in winding up proceedings - to dismiss petition, appoint provisional liquidator, make winding up order, or pass other orders.
How do I find court cases under Section 273 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 273, section 273 Companies Act, section 273 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Action Ispat and Power Pvt. LTD vs Shyam Metalics and Energy Limited (15 Dec 2020).
What should I read with Section 273 of the Companies Act, and has it changed?
Its own text turns on section 272 (Petition for winding up), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Companies (winding up) Rules 2020 (2020).
When did Section 273 of the Companies Act come into force?
Section 273 of the Companies Act, cited as Companies Act 273, 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 14 Oct 2026. This page is not a substitute for legal advice.