Provisional Liquidator 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.
Rules 14 to 17 deal with the people who take charge once a winding-up petition has been admitted or granted. Rule 14 sets how a provisional liquidator or Company Liquidator is appointed, rule 15 extends the liquidator rules to a provisional liquidator, rule 16 says who bears the provisional liquidator's costs, and rule 17 covers the form of the winding-up order and how it is sent. 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.
After admission, and on proof by affidavit of sufficient ground, the Tribunal may appoint a provisional liquidator under section 273(1)(c); the company is given notice in Form WIN 7 unless the Tribunal dispenses with it for reasons recorded. The Registrar intimates the liquidator in Form WIN 9 within seven days, and the liquidator files a WIN 10 declaration within seven days of appointment. The winding-up order is in Form WIN 11, sent within seven days of the Registrar's receipt, and is filed with the Registrar of Companies in INC-28 within thirty days.
Rule 14: appointing a provisional liquidator or Company Liquidator
Rule 14 has six sub-rules.
Appointment (14(1))
After the admission of a winding-up petition, and on proof by affidavit of sufficient ground, the Tribunal, if it thinks fit and on terms that are just and necessary, may appoint a provisional liquidator of the company, pending final orders on the petition, under section 273(1)(c). Where the company is not the applicant, notice of the application is given to the company in Form WIN 7, and the company is given a reasonable opportunity to make its representation unless the Tribunal, for reasons recorded in writing, dispenses with the notice. The section behind the power is explained in our note on the appointment and powers of a provisional liquidator under section 273. If you are being proposed as a liquidator, or one has been proposed for a company you advise, our legal dispute resolution team can help you respond within the periods.
The order (14(2) and (3))
The order appointing the provisional liquidator sets out any restrictions and limitations on the liquidator's powers imposed under section 275(3), and is in Form WIN 8 with variations as necessary. It also states that every person in possession of any property, books or papers, cash or other assets of the company, including benefits derived from them, must surrender them forthwith to the provisional liquidator.
Intimation (14(4))
Where an order appointing a provisional liquidator or Company Liquidator has been made, the Registrar, as provided in section 277(1), sends intimation to the liquidator in Form WIN 9, within a period not exceeding seven days from the date of passing of the order, by registered post, speed post, courier service or electronic means. A copy of the order, with a copy of the petition and any supporting affidavit, goes to the Registrar of Companies.
Declaration (14(5))
The provisional liquidator or Company Liquidator files a declaration in Form WIN 10 disclosing any conflict of interest or lack of independence in respect of the appointment, with the Tribunal, within seven days from the date of appointment.
Who may be appointed (14(6))
The provisional liquidator or Company Liquidator is appointed from among the insolvency professionals registered under the Insolvency and Bankruptcy Code, 2016, unless the Official Liquidator is appointed. The rule quotes that Code only to name the pool of professionals; it does not bring the Code's liquidation procedure into these rules.
Rule 15: rules for a provisional liquidator
The rules relating to Company Liquidators apply to provisional liquidators so far as applicable, subject to such directions as the Tribunal may give in each case.
Rule 16: costs of a provisional liquidator
Subject to any order of the Tribunal, all costs, charges and expenses incurred by the provisional liquidator are paid out of the assets of the company. If the company has insufficient assets or none, the Tribunal may make appropriate orders. The rule prints no scale or amount.
Rule 17: the winding-up order and where it goes
- Form and dispatch (17(1)). For section 277(1), the order for winding up is in Form WIN 11, with variations as necessary. After it is signed and sealed, the Registrar sends it, within a period not exceeding seven days from the date the Registrar receives the order, to the Company Liquidator and the Registrar of Companies in Form WIN 12 and Form WIN 13. The copy for the Company Liquidator is accompanied by a copy of the petition and any supporting affidavit, if not already sent at the time of appointment of the provisional liquidator.
- Service on the company (17(2)). The Company Liquidator has a sealed copy of the order served on the company under section 20, at its registered office or, if none, at its principal or last known principal place of business, or on such other person or in such manner as the Tribunal directs.
- Filing with the Registrar of Companies (17(3)). A copy of the order made by the Tribunal is also filed by the liquidator within thirty days of receipt with the Registrar of Companies in form INC-28 of the Companies (Incorporation) Rules, 2014.
The consequences of the order and the liquidator's appointment under the Act are in sections 275 and 276: appointment and removal of the Company Liquidator.
Periods and forms in this group
| Step | Rule | Form | Period as printed |
|---|---|---|---|
| Notice to company of application for provisional liquidator | 14(1) | WIN 7 | Reasonable opportunity to represent, unless dispensed with |
| Order appointing provisional liquidator | 14(2) | WIN 8 | Not stated |
| Registrar's intimation to the liquidator | 14(4) | WIN 9 | Not exceeding seven days from the order |
| Liquidator's declaration | 14(5) | WIN 10 | Within seven days from appointment |
| Winding-up order | 17(1) | WIN 11 | Not stated |
| Dispatch by Registrar | 17(1) | WIN 12, WIN 13 | Not exceeding seven days from the Registrar's receipt |
| Filing with Registrar of Companies | 17(3) | INC-28 | Within thirty days of receipt |
Example
Meena Garments Private Limited faces an admitted petition, and the petitioner shows by affidavit that its stock is being moved. The company is given notice in WIN 7 and a chance to be heard. The Tribunal appoints a provisional liquidator by an order in WIN 8 that limits the liquidator's power to sell stock. The Registrar sends the WIN 9 intimation within seven days; the liquidator files a WIN 10 declaration within seven days of appointment. Later, the winding-up order in WIN 11 is dispatched, and the Company Liquidator files INC-28 with the Registrar of Companies within thirty days of receiving the order.
Need help with a liquidator appointment?
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Key takeaways
- A provisional liquidator can be appointed after admission, on affidavit proof, under section 273(1)(c).
- The company is given notice in WIN 7 unless the Tribunal dispenses with it for reasons recorded.
- The Registrar's WIN 9 intimation and the liquidator's WIN 10 declaration are each due within seven days.
- The liquidator is chosen from registered insolvency professionals, unless the Official Liquidator is appointed.
- The winding-up order is in WIN 11, and a copy goes to the Registrar of Companies in INC-28 within thirty days.
Read next
- Rules 9–13: substitution of petitioner, affidavits and applicability
- Rules 18–24: contents of the winding-up order and custody of assets
- Sections 275 and 276: Company Liquidator appointment and removal
- Provisional liquidator appointment and powers: section 273
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.