Section 273: Powers of Tribunal

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 273

Section 273 prescribes the statutory orders the National Company Law Tribunal may pass upon hearing a winding-up petition, including dismissal, interim orders, appointment of provisional liquidators, or winding-up orders.

  • Sub-Section (1): Tribunal: Sub-section (1) first proviso mandates that before appointing a provisional liquidator, the Tribunal shall give notice to the company.
  • Core Legal Standard: Under Section 273 of the Companies Act, the Tribunal must give the company a reasonable opportunity to make representations before passing an order for winding up.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:
  • Hind Overseas Pvt. Ltd. v. Raghunath Prasad Jhunjhunwalla (1976) 3 SCC 259: The Supreme Court affirmed that under Section 273(2), the court must refuse a winding-up order where an adequate alternative remedy (such as oppression proceedings under Section 241) is available and petitioners act unreasonably in insisting on winding up.
  • Tata Consultancy Services Ltd. v. Cyrus Investments Pvt. Ltd. (2021) 9 SCC 449: The Supreme Court underscored that the Tribunal must exercise extreme caution before passing winding-up or provisional liquidator orders, as such orders inflict commercial death on a viable company.
Legal Commentary:

Section 273 balances creditor and member protections against corporate survival. Appointing a provisional liquidator instantly divests the board of management powers under Section 277, paralyzing operations. The 90-day statutory timeline for disposal requires NCLT benches to prioritize winding-up admissions while applying the alternative-remedy filter under Section 273(2).