Rules 9 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.
A winding-up petition does not always stay with the person who filed it. Rule 9 lets the Tribunal substitute another person as petitioner in listed situations, rule 10 sets the seven-day amendment that follows, rules 11 and 12 fix the periods for the company's affidavit-in-objection and the reply, and rule 13 says the liquidator rules that follow apply to all types of liquidators unless stated otherwise. This article reflects the rules as amended up to the date of the MCA e-book text (consulted 3 October 2026): as notified on 24 January 2020, in force from 1 April 2020, with no amendment listed by MCA, per the MCA e-book. Check later amendments before relying on it.
The Tribunal may substitute as petitioner another person with a right to petition who wants to prosecute it, where the original petitioner is not entitled, fails to advertise in time, consents to withdrawal or dismissal, fails to appear, does not ask for an order in terms of the prayer, or for other sufficient cause. A contributory so substituted has seven days to amend. The affidavit-in-objection is due within thirty days from the date of order; the reply not less than seven days before the hearing.
Rule 9: when a petitioner can be replaced
Rule 9 allows the Tribunal, on such terms as it thinks just, to substitute as petitioner any other person who, in its opinion, would have a right to present a petition and who is desirous of prosecuting it. The grounds are:
| Ground | Wording as printed |
|---|---|
| (a)(i) | The petitioner is not entitled to present a petition |
| (a)(ii) | The petitioner fails to advertise the petition within the time prescribed by the rules or by an order of the Tribunal |
| (a)(iii) | The petitioner consents to withdraw the petition or to allow it to be dismissed, or fails to appear in support of the petition when it is called on the day originally fixed or any day to which the hearing has been adjourned |
| (a)(iv) | If appearing, the petitioner does not apply for an order in terms of the prayer of the petition |
| (b) | In the Tribunal's opinion, there is other sufficient cause for an order under the rule |
The effect is that the petition can continue even if the original petitioner drops out. The substitute must be a person who would have a right to present a petition and who wants to prosecute it. The advertisement timing that can trigger ground (a)(ii) is set by rule 7.
Rule 10: what a substituted contributory must do
Where the Tribunal substitutes a contributory as petitioner, it adjourns the hearing to a date fixed by the Bench and directs such amendment of the petition as is necessary. The contributory must, within seven days from the making of the order:
- amend the petition accordingly;
- file two legible and clean copies of it; and
- file an affidavit in duplicate setting out the grounds on which the contributory supports the petition.
The amended petition is treated as the petition for winding up the company and is deemed to have been presented on the date on which the original petition was presented. Rule 10 speaks only of a contributory; it does not say how a creditor who is substituted proceeds.
If you are a creditor or contributory considering taking over a petition, our legal dispute resolution team can take you through what the Tribunal will expect.
Rule 11: affidavit-in-objection
Any affidavit in objection to the petition under section 272(1) is filed within thirty days from the date of order. A copy is served on the petitioner or authorised representative forthwith. Copies are also given to any contributory appearing in support of the petition who requires them, on payment of five rupees per page, within three working days.
The rule says "from the date of order" without naming the order. It would ordinarily be the order of admission and directions under rule 5, but the rule does not say so, and the Tribunal's order should be read to see which date it fixes. The statement of affairs that accompanies an objection is in rule 4.
Rule 12: affidavit in reply
An affidavit in reply to the affidavit in objection is filed not less than seven days before the day fixed for the hearing of the petition. A copy is served on the day of filing on the person who filed the objection or that person's authorised representative.
Rule 13: applicability to liquidators
Rule 13, which opens the Part on liquidators, says that unless specified otherwise, the rules that follow apply to all types of liquidators. The appointment of a provisional liquidator or Company Liquidator is covered from rule 14, in the next article.
Periods in this group
| Step | Rule | Period or detail as printed |
|---|---|---|
| Substituted contributory amends petition | 10 | Within seven days from the order |
| Copies and affidavit | 10 | Two clean copies; affidavit in duplicate |
| Affidavit-in-objection | 11 | Within thirty days from the date of order |
| Copy to petitioner | 11 | Forthwith |
| Copy to supporting contributory | 11 | Within three working days, five rupees per page |
| Affidavit in reply | 12 | Not less than seven days before the hearing; served on the day of filing |
Example
Banerjee Plastics Limited is the subject of a petition by a lender, Rao Finance, which then settles and stops appearing. A contributory of Banerjee Plastics, Mrs Iyer, asks to prosecute the petition. The Tribunal substitutes her, adjourns the hearing and directs amendment. She amends within seven days, files two clean copies and an affidavit in duplicate, and the petition is treated as presented on the original date. The company files its affidavit-in-objection within thirty days of the order, and Mrs Iyer files her reply at least seven days before the hearing, serving the company's lawyer the same day.
Need help with a contested winding-up petition?
Objections, replies and substitutions are time-limited and heavily document-driven. Our team can help prepare and review the affidavits through legal dispute resolution.
Key takeaways
- The Tribunal can substitute a person with a right to petition who wants to prosecute, on listed grounds or other sufficient cause.
- A substituted contributory has seven days to amend, with two clean copies and an affidavit in duplicate.
- The amended petition is deemed presented on the date of the original.
- The affidavit-in-objection is due within thirty days from the date of order and served forthwith.
- The reply is due not less than seven days before the hearing.
Read next
- Rules 5–8: admission, advertisement and withdrawal
- Rules 14–17: provisional liquidator and Company Liquidator
- Sections 270 and 271: winding up
- Section 273: powers of the Tribunal in winding up
Disclaimer: Based on the Companies Act, 2013 rules named above as consolidated in the MCA e-book (consulted on 3 October 2026), with the later notifications the article names. Later amendments, fees, forms 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.