0 months ago
Bombay High Court Orders Prompt FDA Licence Restorations
The Bombay High Court considered a dispute involving Siddharth Agro, a business that handles milk.
Food officials found problems and suspended or cancelled its licence.
Siddharth Agro said it fixed the problems and asked officials to inspect the business again.
The FDA said some problems were still present during an earlier reinspection.
Siddharth Agro then said those problems had also been corrected.
The court ordered another inspection.
It said the FDA must quickly restore a licence when a report confirms that the problems are fixed.
The court also said delays can hurt businesses, workers, and supply chains.
The Bombay High Court directed Maharashtra’s Food and Drugs Administration to promptly revoke licence suspensions or cancellations after establishments rectify identified deficiencies.
The court said businesses should not have to approach it merely to obtain revocation of an order that no longer has legal effect.
It warned that delays can cause financial losses and affect employees and supply chains.
The directions arose from Siddharth Agro’s petition after FDA action against its milk-handling licence.
The court ordered a fresh inspection and said the order would be revoked once an auto-generated report confirms compliance with applicable rules.
- Who
- The Bombay High Court, Maharashtra Food and Drugs Administration, and Siddharth Agro were involved.
- What
- The court directed the FDA to promptly revoke suspension or cancellation orders once establishments correct identified deficiencies and compliance is confirmed.
- Where
- The case was heard by the Bombay High Court in Maharashtra; Siddharth Agro operates in Maharashtra.
- When
- The direction was issued in an August 28, 2026 order and reported on September 7 and 8, 2026.
- Why
- The court said delays unnecessarily force compliant businesses to seek judicial intervention and can cause financial and wider business harm.
Court and Siddharth Agro
FDA’s Position in the Case
Licence restoration
Court and Siddharth Agro
The court and Siddharth Agro maintained that the licence should be restored after the identified deficiencies were corrected and verified.
FDA’s Position in the Case
The FDA told the court that its reinspection found some deficiencies still remaining after Siddharth Agro’s initial representation.
Need for further inspection
Court and Siddharth Agro
Siddharth Agro said it had corrected the remaining deficiencies and sought another inspection to establish compliance.
FDA’s Position in the Case
The FDA’s reported findings indicated that another inspection was needed because compliance had not initially been fully established.
Effect of delay
Court and Siddharth Agro
The court said establishments that cure deficiencies should not be penalised further by administrative inaction or forced to approach the High Court.
FDA’s Position in the Case
The FDA’s actions, as described in the reports, involved continuing the regulatory process through reinspection before revocation.
Key facts
- Court
- Bombay High Court
- Authority
- Maharashtra Food and Drugs Administration
- Order date
- August 28, 2026
- Petitioner
- Siddharth Agro
- Business activity
- Chilling, storing, and supplying raw milk to large dairy processing units
- Required action
- Forthwith revoke a suspension or cancellation order after an auto-generated report confirms that deficiencies have been rectified
- Court’s concern
- Avoidable litigation, financial losses, and effects on employees and supply chains
Quotes
Bombay High Court division bench
The division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad.
“We have noticed in several matters listed before us, that even after an establishment has duly complied with the deficiencies pointed out by the respondents, the suspension or cancellation order is not revoked.”
news18.com
freepressjournal.in
“There cannot be any justification for requiring an establishment to approach this Court merely to secure revocation of an order which has ceased to have any efficacy”
news18.com
Sources
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