SANJEEV SACHDEVA, J.

W.P.(C) 10781/2016 & CM No.42190/2016(stay)

1. The petitioners, by the present petition, seek a direction to respondent Nos.1 & 2 to allow re-testing of the third sample lying with Central Fertilizer Quality Control & Training Institute Laboratory, Faridabad (CFQCL&TI).

2. The petitioners under a Contract with respondent No.3 had shipped Urea. In terms of the Agreement, sample of the Urea was to be drawn for the purposes ascertaining whether the same corresponded with the specifications as agreed to between the parties.

3. It is an admitted position that a single sample was drawn that was broken into three parts.

4. One of the said samples was sent for testing to CFQCL&TI, Faridabad which submitted report dated 20.07.2015.

5. The said laboratory reported the nitrogen content in the Urea to be 46.20% by weight. The nitrogen content was standard and in terms of the contract. The particle size was found to be 73.54 as against 96, which was non-standard.

6. Since the particle size was reported to be non-standard, the petitioners requested, in terms of the Contract, to refer the second part of the sample for Umpire Analysis.

7. Learned senior counsel for the petit