Bombay HC Lifts Suspension of 5 MCA Eateries

The Bombay High Court on Saturday slammed the Maharashtra Food and Drug Administration (FDA) for its pedantic approach and lifted the suspension of food licences of five eateries operating at the Mumbai Cricket Association (MCA) premises.

The court's decision came after the FDA informed the court that it would withdraw its suspension order and issue a fresh notice to the MCA on the separate issue of the eateries being operated by M/s Shirke Infrastructure.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad passed the direction while hearing petitions filed by the MCA challenging the FDA's decision to suspend the licences of five eateries at its cricket facility in Bandra-Kurla Complex.

The FDA had inspected the premises on August 20 and suspended the licences the next day, citing food safety and operational irregularities. However, a fresh inspection carried out on Thursday showed that the eateries were 88 per cent compliant with food safety requirements.

Despite this, the FDA had continued with the suspension as the eateries were being operated by Shirke Infrastructure, while the licences were registered in the MCA's name.

The FDA on Saturday agreed to issue a fresh notice to the MCA and give it an opportunity to explain its contractual arrangement with Shirke Infrastructure before passing a reasoned order.

The court accepted the submission and observed that since the eateries had substantially complied with food safety requirements, the suspension could not continue.

It also noted that there was no provision prohibiting the arrangement and reminded the FDA that it had been asked at the previous hearing to take a pragmatic approach.

The court expressed its disappointment with the FDA's approach, stating that it had disobeyed the court's order and taken a pedantic view instead of a pragmatic view.

The bench also questioned the FDA's undue haste in passing the suspension order and asked why it did not apply its mind.

The court said it had repeatedly sought to balance equities while protecting the department from adverse orders.

Additional government pleader P P Kakade submitted that the FDA would withdraw the suspension order and follow due process by issuing a fresh notice.

The court's decision is a significant relief for the MCA and the five eateries, which can now resume their operations.

The case highlights the importance of taking a pragmatic approach in regulatory matters and the need for authorities to apply their mind while making decisions.

The Bombay High Court's decision is likely to have implications for the FDA's approach to similar cases in the future.

In conclusion, the Bombay High Court's decision to lift the suspension of the five MCA eateries is a welcome move that balances the need for regulatory compliance with the need for a pragmatic approach.

It is hoped that the FDA will take the court's observations on board and adopt a more nuanced approach in the future.