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Khemlani, Suresh v Topaz Jewellers Limited, Raju Khemlani, Topaz Investments Limited, Issar Company Limited, Lord and Lord Limited and Jewellerama Limited

Court: 
Supreme Court
Catchwords: 

Loan contract-Monies borrowed for the benefit of interrelated companies-Each company receiving a separate portion of the loan with obligation to repay that portion with interest-Corporate and cross guarantees signed by each company-Separate personal guarantees also provided for the said loan by two individuals-Loan in default-Guarantors called on by the bank to honour the guarantee-Loan repaid by one guarantor-One individual guarantor seeking to claim from the other an indemnity under the guarantee-Whether guarantor obliged to sue the principle debtors first-Whether loan was individual debt or group debt-Whether principle debtors solvent.

Document Type:

Year: 
2018
Suit/Claim number: 
2017 CD 00277
Neutral Citation: 
[2018] JMCC Comm 47