No suit, prosecution or other legal proceeding shall lie against the Tribunal, the President, Member, officer or other employee, or against the Appellate Tribunal, the Chairperson, Member, officer or other employees thereof or liquidator or any other person authorised by the Tribunal or the Appellate Tribunal for the discharge of any function under this Act in respect of any loss or damage caused or likely to be caused by any act which is in good faith done or intended to be done in pursuance of this Act.
Legal Commentary & Landmark Judgments: Section 428
Section 428 provides statutory immunity to the Tribunal, Appellate Tribunal, President, Chairperson, Members, and staff from civil suits, criminal prosecutions, and legal proceedings for acts done in good faith under the Act.
Dismiss in limine any independent civil suit or criminal complaint filed against an NCLT Member or Court Master by pleading the absolute statutory immunity under Section 428; the sole permissible remedy against quasi-judicial orders is appellate review under Section 421 or 423.