President of NCLT has passed an order due to which on 26 09 2018 Payment of Rs 65 000 was made by Mr...........

Companies Act-Phase (I & II) NCLT & NCLAT

President of NCLT has passed an order due to which on 26.09.2018 Payment of Rs. 65,000 was made by Mr. A to Mr. B, and on 01.02.2019 Mr. B died, later on it was found that order passed was erroneous, Now, Mr. A wants compensation from President, can it be possible: -

No as Company act doesn’t specially mention for same,

No as President has acted in good faith,

Yes, he can claim as application was erroneous,

Yes, as B died and there is no one from which he can claim Compensation.

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Explanation:

According to Section 428 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 authorized 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