Bombay HC Vacates Licence Suspension for 5 Restaurants at MCA Club in BKC
The Bombay High Court on Saturday vacated the suspension of licences for five restaurants at the Mumbai Cricket Association (MCA) club in Bandra Kurla Complex (BKC), while warning Food and Drug Administration (FDA) officials of contempt proceedings for failing to follow judicial directions. The court order came after the regulatory authority offered to withdraw its notice.
A bench comprising Acting Chief Justice RV Ghuge and Justice Gautam Ankhad was hearing a plea filed by the MCA challenging the regulator's action. The court expressed strong displeasure over the conduct of the regulatory officers, remarking that such reversals of suspensions happen in almost every case.
The FDA had originally suspended the licences of eateries at the MCA premises on August 21, citing hygiene concerns and issues related to licensing. The regulator had argued that the eateries were operated by an external entity while the licence was in the name of the MCA. On August 25, the High Court instructed the FDA to conduct a fresh inspection, review the contractual relationship between the MCA and the service provider, and adopt a pragmatic approach.
During Saturday's hearing, Senior Counsel Vineet Naik, representing Shirke Infrastructure, Pune, which operates the catering and restaurants, submitted fresh inspection reports showing 88% to 97% compliance with rules and licence conditions, describing it as exemplary. Senior Counsel VR Dhond, appearing for the MCA, argued that there was no justification for the FSSAI licence to remain suspended.
However, a fresh FDA order had continued to raise objections over the licence. When Additional Government Pleader PP Kakade suggested that officers might not have understood the court's earlier order, the bench noted that the instructions were written in simple English. The judges criticised the department for failing to read orders and the law, highlighting a lack of application of mind and questioning the undue haste shown by the authority.
After facing criticism from the bench over taking a pedantic view instead of a pragmatic one, the FDA offered to withdraw its notice and issue a fresh notice regarding the contractual agreements, leading the court to vacate the suspension.
