1. The claimant made two separate claims against two defendants Bregawn Jersey Ltd. (Bregawn) and Neville Tuli (Tuli) under the aforesaid folio numbers. The claims were prosecuted together. They have beenadjudicated together. The claim against Bregawn was as a contracting party. The claim against Tuli, the director of Bregawn, was as a guarantor to the transaction. The claims were adjudicated under the judgment dated 25.03.2010 which culminated in the order/decree of payment dated 26.03.2010 and the final adjudication of the claim of damages under the judgment/order dated 04.10.2010.

2. The claims were made under a certain purchase agency agreement and a purchase agreement under which certain personal guarantee was given by the respondent Tuli. Upon the service of the claim both the aforesaid parties were represented. Later their solicitor served notice that they would not be acting for them. Despite the notice of the hearing the respondent did not attend it. The claim of the claimant was, therefore, heard in the absence of the defendants (the respondent being one of the defendants) though with notice to them. The judgment dated 25.03.2010 notes the facts and considers the two