Law:

Section:

MUHAMMAD AFZAL ZULLAH, J.---This matter relates to certain arbitration proceedings. The objection which was the subject-matter of the order of the High Court impugned before us in this petition for leave to appeal related to late Mr. Justice Mushtaq Hussain, who was allegedly nominated by the respondent side, as ( sole ) arbitrator.

After some discussion it was realised by both sides that Justice (Retd.) Mushtaq Hussain having died in the meanwhile a fresh nomination had become necessary. If so, fresh proceedings including objection, if any, will have to be commenced before the lower Court concerned. Notwithstanding this realisation learned counsel for the petitioners rightly pointed out that the respondent side has already taken the next step by appointing another learned retired Judge of a superior Court as Arbitrator and notice in that behalf has already been served on the petitioners. This, according to him, would obviate any fresh objection or application before the lower Court. We do not agree with him.