Bombay HC Orders FDA Re-Inspection of Five MCA Eateries in BKC

The Bombay High Court directed the Maharashtra Food and Drugs Administration to conduct a fresh inspection of five eateries located at the Mumbai Cricket Association's Sharad Pawar Indoor Cricket Academy and Recreational Centre in BKC, following the suspension of their licences.

A Division Bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the directive while hearing a petition filed by the MCA. The court sought to balance the association's claim of having resolved hygiene issues with the FDA's request for additional time to respond to the petition.

The regulatory body had previously suspended the FSSAI licences of five establishments on the premises—Permit Room, Oriental Swing, Clubway & Pastry Counter, Mediterranean, and Pavillion—after conducting surprise inspections at the BKC facility.

Appearing for the MCA, Senior Advocate Vikram Nankani submitted that the premises are now over 98% compliant with all prescribed hygiene standards. He argued that the ongoing suspension of the licences was no longer warranted given the corrective measures taken.

Additional Government Pleader Priyabhushan Kakade, representing the FDA, requested time to file an affidavit-in-reply, stating that the association's petitions were served late. He also submitted that the MCA had the statutory option to appeal the licence suspensions before the FDA Chief.

The Bench granted the FDA time to respond but noted that if the petitioners are currently adhering to hygiene standards, they cannot be restrained from operating indefinitely while waiting for an appeal to be decided by the FDA Commissioner. Acting Chief Justice Ghuge noted that the MCA's compliance claims required assessment and the authority could not simply leave the establishment waiting.

The High Court instructed the FDA to re-inspect the BKC premises on Thursday afternoon. The inspection findings, accompanied by an affidavit detailing the compliance status of the eateries, are to be submitted to the court on Monday morning.

For any sporting tournaments organised by the MCA in the interim period, the court ordered that the association may only serve tea and coffee to participants, and these beverages must be dispensed exclusively from vending machines. The matter has been scheduled for its next hearing on August 31.