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Bombay High Court
Mohammed Lliyas S Quershi vs Allwyn Gonsalves on 13 May, 2026
2026:BHC-OS:12324
1 1-EXA-222-2021 (OS) .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 222 OF 2021
Mohammed Lliyas S Quershi ...Applicant
Versus
Allwyn Gonsalves ...Respondent
WITH
INTERIM APPLICATION NO. 2007 OF 2020
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Mr. Vishal Pramod Thakur, for the Applicant.
Mr. Karan Jain, for the Respondents a/w Mr. Strysyn Allwyn Gonsalves, for
Respondent No. 1(c).
Mr. Mohd Iliyas S. Qureshi, Applicant, present in person.
Mr. Strysyn Allywyn Gonsalves, Respondent No. 1(c), present in person.
--------------------------------------------
CORAM : ADVAIT M. SETHNA, J.
DATED : 13 MAY 2026
P.C.:- (VACATION COURT)
1. Heard learned counsel for the parties and perused the earlier orders
passed in these proceedings. By an earlier order of this Court dated 29
November 2025, it had recorded that the parties were exploring settlement
talks. Pursuant to the order dated 29 November 2025, the proceedings were
adjourned on 16 December 2025 and directed to be listed under the caption
"For Settlement."
2. Today, the parties appearing before the Court tendered the original
2 1-EXA-222-2021 (OS) .doc
Consent Terms dated 13 May 2026. The said Consent Terms duly record the
terms of settlement, which are more particularly set out in paragraph 2
thereof, reproduced hereinbelow:-
"2) The aforesaid amount shall be paid in the
following instalments:
i. 1st Instalment: Rs. 22,50,000/- on signing of the
present Consent terms i.e., on 13t May 2026, to be
paid by way of direct Bank Transfer in the account
of the Executant Applicant, the details of which are
given in the below mentioned paragraphs.
ii. 2nd Instalment: Rs. 22,50,000/- on 12th June
2026, to be paid by way of direct Bank Transfer in
the account of the Executant Applicant, the details
of which are given in the below mentioned
paragraphs.
iii. 3rd Instalment: Rs. 12,00,000/- on 12th July
2026, to be paid by way of direct Bank Transfer in
the account of the Executant Applicant, the details
of said bank account are given in the below
mentioned paragraphs.
iv. 4th Instalment: Rs. 12,00,000/- on 10th August
2026, to be paid by way of direct Bank Transfer in
the account of the Executant Applicant, the details
of said bank account are given in the below
mentioned paragraphs."
3. The parties to the present proceedings, namely the Applicant (original
Claimant) and the Opponent (original Respondent), are personally present
before the Court and have been duly identified by their respective advocates.
3 1-EXA-222-2021 (OS) .doc
4. The signatures of the parties on the Consent Terms have also been duly
identified by the advocates for the respective parties.
5. Learned counsel for the respective parties submit that, in light of the
Consent Terms dated 13 May 2026, the proceedings and the controversy
therein may be brought to an amicable close, and in view thereof, nothing
further survives in the said proceedings.
6. Considering the above, the Consent Terms dated 13 May 2026, in
original, are taken on record and marked as "X" for identification.
7. Execution Application No. 222 of 2021 is accordingly Disposed Of in
terms of the Consent Terms (Supra).
8. The Interim Application filed in the Execution Application also does
not survive and is accordingly Disposed Of.
9. All concerned to act on an authenticated copy of this order.
[ADVAIT M. SETHNA, J.]
