3 days ago
Bombay High Court Warns Maharashtra FDA Over Restaurant Bans
The Bombay High Court was reviewing the closure of five restaurants.
The restaurants are inside a sports complex in Maharashtra.
The food regulator had suspended their licenses because of hygiene and paperwork concerns.
Inspectors later found that the restaurants were largely following the rules.
The regulator still kept them closed because a different company operated them from the organization named on the licenses.
The judges said the regulator should have examined the issue more carefully.
They warned that ignoring court instructions could lead to contempt proceedings.
The regulator promised to give the organization a new notice and a chance to explain.
The court then allowed the restaurants to reopen immediately.
The Bombay High Court criticised Maharashtra’s FDA for taking a “pedantic instead of pragmatic” approach to restaurant license suspensions.
The FDA had suspended five eateries in the MCA complex over hygiene concerns and licensing discrepancies.
A fresh inspection found substantial compliance, but the FDA maintained the suspensions because Shirke Infrastructure operated the eateries while licenses were issued to the MCA.
The court questioned the FDA’s haste and warned that continued disregard of court directions could lead to contempt proceedings.
The FDA agreed to issue a fresh notice, hold a hearing and pass a reasoned order, after which the court set aside the suspensions immediately.
- Who
- The Bombay High Court, Maharashtra’s Food and Drug Administration, Tukaram Mundhe, the MCA and Shirke Infrastructure.
- What
- The court set aside the suspension of five eatery licenses and warned the FDA about possible contempt proceedings.
- Where
- At eateries inside the MCA complex in Maharashtra.
- When
- The dispute was addressed during Saturday’s proceedings; the FDA suspensions had been issued the previous week.
- Why
- The FDA cited hygiene and licensing discrepancies, while the court found that the matter required a fresh, objective examination and a formal hearing.
Bombay High Court’s View
FDA’s Initial Position
Approach to enforcement
Bombay High Court’s View
The court said the FDA had adopted a pedantic rather than pragmatic approach and acted with undue haste.
FDA’s Initial Position
The FDA maintained the suspensions after considering the licensing arrangement and its regulatory concerns.
Licensing dispute
Bombay High Court’s View
The court said the issue should have been examined objectively and noted there was no valid legal bar to reopening the restaurants.
FDA’s Initial Position
The FDA argued that the eateries were operated by Shirke Infrastructure even though the original licenses were issued in the MCA’s name.
Next steps
Bombay High Court’s View
The court required a formal process and warned that court directions must not be ignored.
FDA’s Initial Position
The FDA agreed to issue a fresh notice to the MCA, hear the parties and issue a reasoned order.
Key facts
- Regulator
- Maharashtra’s Food and Drug Administration
- FDA commissioner
- Tukaram Mundhe
- Businesses affected
- Five eateries inside the MCA complex
- FDA’s stated concerns
- Hygiene issues and discrepancies between the license holder and the actual operator
- Inspection result
- A fresh inspection found substantial compliance
- Court warning
- Continued disregard of court directions could result in contempt proceedings
- Outcome
- The suspension orders were set aside immediately
Quotes
Bombay High Court bench
The High Court judges hearing the dispute over Maharashtra FDA suspension orders
“How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say 'don't kill a mosquito with a sword'? Do you feel you are a lord and you can do anything?”
businesstoday.in
Sources
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