Rules 150 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 150 to 155 of the Companies (Winding Up) Rules, 2020 deal with two serious steps in a winding up by the Tribunal: a warrant for the arrest of a contributory who fails to appear for examination, and applications against delinquent directors, promoters and officers under sections 339 and 340. They are stated as amended up to 24 January 2020 (in force from 1 April 2020), with no amendment listed by MCA, per the MCA e-book; later amendments should be checked.
The Tribunal may issue a warrant in Form WIN 68 for a contributory when it is satisfied as referred to in section 301 and notice of the examination was duly served on him. It stays in force until cancelled or executed. An application under section 339(1) or 340(1) is made by a summons returnable in Chambers, served on every person against whom an order is sought at least seven days before the hearing, in Form WIN 72 or 73. No affidavit is needed before the return of the summons.
Context
These rules sit in the part on examination and in the part headed "Application Against Delinquent Directors, Promoters and Officers of the Company". The examination itself is in Rules 139–149. The sections behind rules 153 to 155 are explained in Section 339 on fraudulent conduct of business and Sections 340–342 on damages and prosecution of delinquent officers. The next rules, on disclaimer, are in Rules 156–162.
A person facing a warrant or a section 339 or 340 summons should get advice quickly. Our team can help through legal dispute resolution.
A caution before reading on: rules 150 to 152 speak in the language of older procedure (prisons, bail, District Courts, the Court of Small Causes at Bombay, Calcutta or Madras). They are quoted as printed. Check whether the procedural law they rely on has been replaced, and read them only as printed.
Rule 150: warrant of arrest of a contributory
150(1). If the Tribunal is satisfied as referred to in section 301, and that notice of the date and hour fixed for the examination was duly served on the contributory, it may issue, without any further notice, a warrant in Form WIN 68 for his arrest.
150(2). The warrant stays in force until it is cancelled by the Tribunal that issued it, or by the Appellate Tribunal to which appeals ordinarily lie from that Tribunal's decisions, or until it is executed.
Rule 151: prison and bail
Where the Tribunal issues a warrant for arrest of the contributory as referred to in section 301, the prison where he is to be detained is, unless the Tribunal orders otherwise, specified in its order. The warrant for keeping him in prison is in Form WIN 69 and the order releasing him on bail is in Form WIN 70.
Rule 152: executing the warrant outside the Tribunal's jurisdiction
152(1). If the contributory is, or is believed to be, outside the Tribunal's jurisdiction, the Tribunal may send the warrant for execution to the District Court, or to the Court of Small Causes at Bombay, Calcutta or Madras where the warrant is to be executed in those places, with a requisition in Form WIN 71 under the Tribunal's seal. The receiving Court seals the warrant and has the arrest made by its own officers or a subordinate Court, and the police officers concerned aid and assist within their jurisdictions.
152(2). The Court that makes the arrest sends the contributory in proper custody to the Tribunal that issued the warrant, unless he furnishes security to its satisfaction for his appearance before the Tribunal, in which case it releases him on that security and informs the Tribunal.
Rule 153: applications under section 339 or 340
An application under section 339(1) or 340(1) is made by a summons returnable in the first instance in Chambers. The summons must:
- state the nature of the declaration or order sought and the grounds;
- be served on every person against whom an order is sought, not less than seven days before the hearing date named in it; and
- be in Form WIN 72 or WIN 73, with variations as necessary.
The rule adds that no affidavit or report need be filed before the return of the summons. That keeps the opening stage light: the respondent knows the relief and grounds from the summons, and the evidence comes later on the Tribunal's directions.
Rule 154: directions at the preliminary hearing
On the return of the summons the Tribunal may give directions on:
- whether points of claim and defence are to be delivered;
- whether evidence is taken wholly or partly by affidavit or orally;
- cross-examination of deponents on the hearing;
- any report it requires from the liquidator; and
- generally the procedure on the summons and its hearing.
Points of claim to be delivered are in Form WIN 74 or WIN 75, with variations as necessary.
Rule 155: liberty to apply for further directions
Where the Tribunal has directed points of claim and defence, either party who wants a further direction on an interlocutory matter may apply, by restoration of the summons, before it is set down for trial. He gives two clear days' notice in writing to the other party stating the grounds, and files a copy of the notice with the Registry two clear days before the hearing of the application.
Example. The Company Liquidator of Orion Foods Ltd applies under section 339(1) against its former managing director, Suresh Kohli. A summons in WIN 72 is served on Suresh eleven days before the return date. At the first hearing in Chambers the Tribunal directs that points of claim and defence be delivered in WIN 74 and that evidence be by affidavit with cross-examination. Two weeks later Suresh wants a direction on documents; he restores the summons on two clear days' written notice.
Process at a glance
| Step | Rule | Who | Period as printed | Form |
|---|---|---|---|---|
| Warrant of arrest | 150 | Tribunal | No further notice; stays until cancelled or executed | WIN 68 |
| Prison and bail | 151 | Tribunal | None | WIN 69, WIN 70 |
| Warrant sent outside jurisdiction | 152 | Tribunal; District Court or named Court of Small Causes | None | WIN 71 |
| Summons under section 339 or 340 | 153 | Applicant | Served not less than seven days before hearing | WIN 72 or 73 |
| Directions on return of summons | 154 | Tribunal | None | Points of claim WIN 74 or 75 |
| Further directions | 155 | Either party | Two clear days' notice | None printed |
Need help with a section 339 or 340 summons?
A summons under section 339 or 340 may seek declarations or orders against directors, promoters or officers, so the reply needs care. Our advisers can review the summons and the points of claim with you, and you can start with a session on legal dispute resolution.
Key takeaways
- A warrant under rule 150 needs the Tribunal's satisfaction on section 301 and proof that notice of the examination was duly served.
- The warrant remains in force until cancelled by the Tribunal or the Appellate Tribunal, or executed.
- Section 339 and 340 applications are by summons returnable in Chambers, on at least seven days' service.
- No affidavit or report is needed before the summons is returned.
- Further directions on interlocutory matters need two clear days' notice.
Read next
- Rules 139–149 of the Winding Up Rules: examination under sections 299 and 300
- Rules 156–162 of the Winding Up Rules: disclaimer of onerous property
- Section 339: liability for fraudulent conduct of business
- Sections 340–342: damages against delinquent officers
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.