4 days ago
Bombay High Court Lifts Suspension of Five MCA Eateries
The Maharashtra food regulator had stopped five eateries at a Mumbai cricket facility from operating.
An earlier inspection found cockroaches, flies, and dirty floors in the kitchens.
The Mumbai Cricket Association challenged the decision in the Bombay High Court.
A new inspection found that the eateries met 88% of the food-safety requirements.
The regulator still kept them closed because Shirke Infrastructure operated them while the licences were in the MCA’s name.
The court said the food-safety issue and the contract issue should be considered separately.
It criticised the FDA for taking a strict and rushed approach.
The court allowed the eateries to reopen.
The FDA must now notify the MCA, hear its explanation, and issue a reasoned decision about the contract.
The Bombay High Court vacated the suspension of five eateries at the Mumbai Cricket Association premises in Bandra-Kurla Complex.
A fresh inspection found the eateries 88% compliant with food-safety requirements.
An earlier inspection reported cockroaches, flies, and dirty, slippery kitchen floors.
The Maharashtra Food and Drug Administration retained the suspension over Shirke Infrastructure operating outlets licensed in the MCA’s name.
The FDA will issue a fresh notice, hear the MCA, and separately decide the contractual issue through a reasoned order.
- Who
- The Bombay High Court, Maharashtra Food and Drug Administration, Mumbai Cricket Association, and Shirke Infrastructure.
- What
- The court vacated the suspension of five eatery licences and allowed the outlets to reopen.
- Where
- The eateries operate at the Mumbai Cricket Association’s premises in Mumbai’s Bandra-Kurla Complex.
- When
- The premises were inspected on August 20, the licences were suspended the following day, and the court vacated the suspension on Saturday after a fresh Thursday inspection.
- Why
- The fresh inspection showed 88% food-safety compliance, while the FDA had separately questioned Shirke Infrastructure operating outlets whose licences were registered in the MCA’s name.
Mumbai Cricket Association and High Court
Maharashtra Food and Drug Administration
Whether the suspension should continue
Mumbai Cricket Association and High Court
The MCA challenged the suspension, and the court held that the eateries could reopen because the fresh inspection showed substantial food-safety compliance.
Maharashtra Food and Drug Administration
The FDA initially suspended the licences over hygiene findings and continued the suspension after the fresh inspection because of concerns about the outlets’ operator.
The Shirke Infrastructure arrangement
Mumbai Cricket Association and High Court
The MCA said its contractual arrangement with Shirke Infrastructure was established; the court said the issue should be examined separately through due process.
Maharashtra Food and Drug Administration
The FDA questioned why Shirke Infrastructure operated eateries whose licences were registered in the MCA’s name and sought to review that arrangement.
The regulator’s approach
Mumbai Cricket Association and High Court
The court said the FDA had acted with undue haste and taken a “pedantic instead of pragmatic” approach despite earlier directions.
Maharashtra Food and Drug Administration
The FDA agreed to withdraw the suspension, issue a fresh notice, hear the MCA, and decide the contractual issue through a reasoned order.
Key facts
- Eateries affected
- Five outlets: Permit Room, Oriental Swing, Clubway & Pastry Counter, Mediterranean, and Pavilion.
- Location
- Mumbai Cricket Association premises in Bandra-Kurla Complex, Mumbai.
- Fresh inspection
- The eateries were found 88% compliant with food-safety requirements.
- Earlier findings
- Inspectors reported cockroaches and flies in the kitchens, as well as dirty and slippery floors.
- Regulator
- Maharashtra Food and Drug Administration.
- Licensing dispute
- Shirke Infrastructure operated the eateries, while the licences were registered in the Mumbai Cricket Association’s name.
- Next step
- The FDA will issue a fresh notice, hear the MCA, and pass a reasoned order on the contractual arrangement.
Quotes
Bombay High Court division bench
Division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad
“However, despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view. We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail.”
NDTV
telegraphindia.com
livemint.com
deccanchronicle.com
freepressjournal.in
+1 more
“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?”
NDTV
telegraphindia.com
livemint.com
deccanchronicle.com
freepressjournal.in
+1 more
Sources
"Do You Feel You Are A Lord?" High Court Pulls Up Tukaram Mundhe's Food Safety Body
‘Tired of scolding your officers’: Court pulls up FDA over suspension of food licences
Bombay High Court slams FDA’s ‘pedantic’ approach, clears reopening of five Mumbai Cricket Association eateries
‘Do you feel you are lord?’ Bombay HC pulls up FDA; agency revokes suspension of licences of 5 MCA restaurants
Do You Feel You Are A Lord And You Can Do Anything?: HC Slams Mundhe
Bombay HC Slams Maharashtra FDA’s 'Pedantic' Approach, Lifts Suspension of Five MCA Eateries, Orders Immediate Reopening
Bombay HC raps Maharashtra FDA over restaurant crackdown, warns officials of contempt
HC pulls up FDA for ‘mechanical’ suspension of licences of five Mumbai Cricket Association eateries
Related news
FDA Withdraws Cipla and MCA Eatery Actions After HC Rebuke
Bombay High Court Warns Maharashtra FDA Over Restaurant Bans
Bombay High Court Orders FDA Reinspection of Five MCA Outlets
Bombay High Court Backs FDA Crackdown, Questions Enforcement Methods
Bombay High Court Orders Clean-Up After MCA Kitchen Roaches
Maharashtra FDA Suspends Five MCA Food Outlet Licences
FSSAI Chief Backs Mundhe’s Maharashtra Food Safety Drive
Bombay High Court Rebukes Maharashtra FDA Over Enforcement
Bombay High Court Challenges Maharashtra FDA Enforcement Procedures
