Bombay HC Denies Relief to Wagle Estate Eatery Over Banned Paneer

The Bombay High Court on Friday refused to grant urgent interim relief to Udipi Swaad restaurant, an eatery situated at Wagle Estate in Thane, following regulatory action initiated against it by the Maharashtra Food and Drug Administration (FDA) for allegedly using banned analog paneer.

A division bench comprising Acting Chief Justice RV Ghuge and Justice Gautam Ankhad declined to stay the suspension order issued against the Thane establishment. The bench directed sharp oral observations at the restaurant during the hearing, noting that it needed to face consequences for serving the prohibited product to the general public.

Addressing the eatery's petition, the judges orally remarked that the restaurant must experience the repercussions of its actions, stating, "You need to suffer first as you have made people suffer by eating this… is Poetic justice. We will take a different strict view."

The eatery had petitioned the High Court to challenge the recent suspension order passed by the Maharashtra FDA and had sought immediate interim relief from the bench. In its legal challenge, the restaurant argued that the FDA's suspension action should be stayed. The petitioner contended that the regulatory authority was required under the Food Safety and Standards (FSS) Act to first issue an improvement notice, which provides an opportunity for an establishment to comply with license conditions prior to facing harsher measures.

Opposing the restaurant's plea for interim relief, FDA standing counsel PP Kakade defended the suspension before the bench. The counsel argued that the action against the Thane eatery was fully justified in the interest of public health and was carried out in strict accordance with the state-wide prohibition on analog paneer.