Rules 5 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.
After a winding-up petition is filed, the Tribunal decides whether to admit it and gives directions on advertisement and service. Rules 5 to 8 then fix the right of contributories to a copy, the advertisement in Form WIN 6 at least fourteen days before the hearing, and the bar on withdrawing a petition without the Tribunal's leave. 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.
On filing, the petition is posted for admission, a hearing date and directions on advertisement and service; the petitioner bears the cost of advertisement (rule 5). A contributory is entitled to a copy within twenty four hours on payment of five rupees per page (rule 6). Notice is advertised not less than fourteen days before the hearing in Form WIN 6 (rule 7). A petition cannot be withdrawn without the Tribunal's leave, and such an application is not heard before the hearing date in the advertisement (rule 8).
Rule 5: admission and directions on advertisement
Upon filing, the petition is posted before the Tribunal for three things: admission of the petition and fixing a date for the hearing, directions as to the advertisements to be published, and directions on the persons, if any, to be served with copies of the petition.
Where the petition is filed by someone other than the company, the Tribunal may, if it thinks fit, direct notice to the company and give it a chance to be heard before giving directions on the advertisement. The petitioner bears all the costs of advertisement.
For a company facing a petition, the point to note is that the first hearing is also the hearing at which advertisement directions are given, and the company can ask to be heard on them if it was not the petitioner. The first-stage filings are explained in rules 1 to 4.
Rule 6: copy of the petition for contributories
Every contributory of the company is entitled to be furnished with a copy of the petition by the petitioner or the petitioner's authorised representative within twenty four hours of requiring it, on payment of five rupees per page. The rule puts the duty on the petitioner, not on the Tribunal's Registry.
Rule 7: advertisement of the petition
Subject to any directions of the Tribunal, notice of the petition is advertised not less than fourteen days before the date fixed for the hearing, in a daily newspaper in English and in a vernacular language widely circulated in the State or Union territory where the company's registered office is situated. The advertisement is in Form WIN 6.
Two practical points follow from the wording. The fourteen days run back from the hearing date fixed, so a hearing date that moves can change whether the advertisement was in time. And the rule begins "subject to any directions of the Tribunal", so the Tribunal's own directions under rule 5 can vary the requirement. The section governing the Tribunal's powers at this stage is explained in our note on section 273: powers of the Tribunal in winding up.
If you are responding to a published advertisement and need to check the timing and contents against the rule, our legal dispute resolution team can help.
Rule 8: leave to withdraw
- Leave needed (8(1)). A petition for winding up cannot be withdrawn after presentation without the Tribunal's leave, subject to compliance with any order of the Tribunal, including as to costs.
- Timing (8(2)). An application for leave to withdraw a petition that has been advertised under rule 7 shall not be heard at any time before the date fixed in the advertisement for the hearing of the petition.
The effect of rule 8(2) is that, once a petition has been advertised, a withdrawal application waits until the hearing date given in the advertisement and is dealt with only on or after that date.
Steps and periods as printed
| Step | Rule | Who | Period or form as printed |
|---|---|---|---|
| Petition posted for admission, hearing date and directions | 5 | Tribunal | On filing |
| Notice to the company, if it is not the petitioner | 5 | Tribunal, if it thinks fit | Before directions on advertisement |
| Copy of petition to a contributory | 6 | Petitioner or authorised representative | Within twenty four hours of requirement; five rupees per page |
| Advertisement | 7 | Petitioner | Not less than fourteen days before the hearing; Form WIN 6 |
| Leave to withdraw | 8 | Tribunal | Not heard before the hearing date in the advertisement |
Example
Kiran Steel Fabricators Private Limited receives a petition from a creditor, Das and Sons. At admission, the Tribunal fixes a hearing date and directs advertisement in an English daily and a vernacular daily circulated in the State of the registered office, in WIN 6, at least fourteen days before the hearing. A shareholder of Kiran Steel writes to Das and Sons for a copy of the petition and receives it within twenty four hours on payment of five rupees per page. Later Das and Sons settles with the company and applies to withdraw. That application cannot be heard before the hearing date in the advertisement, and the Tribunal's leave is needed.
Need help with an advertised petition?
An advertisement starts a clock for everyone with an interest in the company. Whether you are the petitioner arranging it or a company or contributory responding to it, our team can help through legal dispute resolution.
Key takeaways
- The petition is first posted for admission, a hearing date and directions on advertisement and service.
- The petitioner bears the cost of the advertisement.
- Contributories can demand a copy of the petition and must receive it within twenty four hours, at five rupees per page.
- The WIN 6 advertisement is due not less than fourteen days before the hearing, subject to the Tribunal's directions.
- Withdrawal needs the Tribunal's leave and an advertised petition's withdrawal application is not heard before the advertised hearing date.
Read next
- Rules 1–4: application, definitions, the petition and statement of affairs
- Rules 9–13: substitution of petitioner and affidavits
- Section 273: powers of Tribunal in winding up
- Sections 270 and 271: 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.