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Initializing Secure Chambers
Petitioner: PAKISTAN RAILWAYS Through The Secretary/Chairman, Ministry Of Railways And 2 Others VS Respondent: Messrs DYCKERHOFF AND WIDMANN, AG WEST GERMANY And Another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:PAKISTAN RAILWAYS Through The Secretary/Chairman, Ministry Of Railways
And 2 Others vs Messrs DYCKERHOFF AND WIDMANN, AG WEST GERMANY And Another Case No.:Civil Petition for Leave to Appeal No.396-R of 1988 Civil Revision No. 1085 of 1988 Date of Judgment:1991-06-28 Reported As: 1991 SCMR 1811 Result: Order accordingly Judgment ORDER 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. A new situation having developed not only by the death of Justice (Retd.) Mushtaq Hussain but also, as stated by the learned counsel for the petitioner side by sending a fresh notice, to which the petitioners have, as contended by the learned counsel, a serious objection. If so advised the objections may be raised before the Court concerned. This petition, accor0ingly, with the said observation in the light of the changed circumstances, stands disposed of.