Bombay HC Denies Relief to Thane Eatery Over Banned Analogue Paneer

The Bombay High Court on Friday refused to grant interim relief to a Thane-based restaurant, 'Udupi Swaad', after the Maharashtra Food and Drug Administration (FDA) suspended its licence for serving banned analogue paneer.

A division bench comprising acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad denied a stay on the suspension order, remarking that the eatery needed to "suffer first" and describing the situation as "poetic justice."

The eatery had moved the high court challenging the FDA's August 11 order that suspended its licence following the discovery of the banned non-dairy paneer substitute on its premises. In its petition, the restaurant argued that the regulatory authority ought to have served an improvement notice before taking punitive action.

Dismissing the restaurant's contention, the bench strongly reprimanded the establishment for misleading consumers. The court questioned how the restaurant could serve items customers had not asked for and suggested the eatery should have advertised on its signboard that original food was not available.

The judges observed that customers have a right to know what they are consuming and noted that affected patrons should approach the consumer forum to seek damages and costs.

While the restaurant gave an assurance that it would not use analogue paneer in the future, the court maintained its strict stance. The high court directed the FDA to file its affidavit in reply and scheduled the matter for its next hearing on September 7.

The FDA's enforcement follows a Maharashtra government order prohibiting the manufacture and sale of analogue or non-dairy paneer for one year due to public health concerns. Analogue paneer is manufactured using vegetable oils, starches, and additives rather than milk fat, resulting in lower protein content.