Section 821 CAMA 2020

Section 821 Companies and Allied Matters Act is about Liability if person in default. It is under Chapter 4 (Miscellaneous and supplemental) of the Act.

Where any firm or individual required under this Act to furnish a statement of particulars or of any change in particulars, makes default in so doing, the rights of such defaulter under or arising out of any contract made orentered into by or on behalf of such defaulter in relation to the business in respect of which particulars where required at any time while he is in default,shall not be enforceable by action or other legal proceedings either in thebusiness name or otherwise:

Provided that—

(a) the defaulter may apply to a High Court in which any such contract would otherwise be enforceable for relief against the disability imposed by this section and a High Court in which any such contract would otherwise be enforceable, on being satisfied that the default was accidental, or due to inadvertence, or some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may grant such relief either generally as regards all contracts enforceable by the court or as respect any particularcontract and on such conditions as the court may impose ; and

(b) nothing shall prejudice the rights of any other parties as against the defaulter in respect of such contract, if any action or proceeding shall be commenced by any other party against the defaulter to enforce the rights of such party in respect of such contract, nothing shall preclude the defaulter from enforcing in that action or proceeding by way of counterclaim, set-off or otherwise such rights as he may have against that party in respect of such contract.