Authority: High Court of Judicature at Bombay

Order Date: 1 October 2026

Case Overview

  • Petition: Commercial Arbitration Petition No. 37 of 2026, filed by Mr. Prashant Vinod Vaghasiya (Petitioner) against Mr. Vivekanand Dhaneshwar Jha (Respondent).
  • Two interim applications were filed seeking the impleadment of additional parties as respondents:

1. Interim Application No. 7616/2026 – Applicants: Mr. Akhtar Tassaduk Khan and Mrs. Vidya Ashok Karkera.

  • Akhtar Khan claims he was inducted as a Partner of Avighna Infra Buildcon LLP on 20 Nov 2021 and was ousted on 1 July 2024.
  • Vidya Karkera claims partnership in Vighnaharta Construction under a Deed dated 8 Apr 2013, succeeding her husband Ashok Karkera, and relies on an MOU dated 8 Nov 2021 between Avighna Infra Buildcon LLP and Vighnaharta Construction whereby Avighna accepted Vighnaharta’s liabilities.

2. Interim Application (st) No. 28482/2026 – Applicant: Smt. Surekha Suresh Narkhede.

  • Surekha Narkhede asserts partnership in Vighnaharta Construction under a Partnership Deed dated 6 Apr 2011 and also relies on the same MOU (8 Nov 2021) for liability transfer to Avighna Infra LLP.
  • The petitioner does not admit the factual chronology presented by the applicants.
  • Both sets of applicants expressed readiness to appear before the arbitrator should the dispute be referred to arbitration.
  • Counsel for the petitioner cited ASF Buildtech Private Limited v. Shapoorji Pallonji and Company Private Ltd. (2025) 5 S.C.R. 1565, arguing that the applicants are not necessary parties and could file separate impleadment applications before the arbitrator.

Final Outcome

  • The Court allowed both interim applications.
  • The applicants in each application are to be joined as respondents; the parties must amend the arbitration petition within one week to reflect this change.
  • Their willingness to participate before the arbitrator is formally recorded.
  • Both interim applications are disposed of.
  • The petition is listed as ‘Part‑Heard’ for 9 Oct 2026.

Topics: Arbitration, Intervention, Partnership Dispute