Bombay High Court slams FDA for ‘pedantic’ view, clears reopening of 5 eateries at MCA premises

The Maharashtra FDA on Saturday stated it could withdraw its order suspending the licences of 5 eating places working on the Mumbai Cricket Affiliation premises, after the Bombay High Court warned of stinging orders towards officers for taking a “pedantic as a substitute of pragmatic view” of the state of affairs.

A division bench of Appearing Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the suspension after a contemporary inspection report submitted by the FDA confirmed that the eateries positioned within the Bandra-Kurla Advanced space have been 88% compliant with meals security guidelines.

The MCA had approached the Excessive Courtroom difficult the FDA’s choice to droop operations over alleged hygiene violations and third-party operational irregularities.

Though a contemporary inspection carried out on Thursday (August 27, 2026) confirmed 88% compliance, the FDA had initially maintained the suspension as a result of the eateries have been being operated by M/s Shirke Infrastructure regardless of the licences being registered within the MCA’s title.

The FDA on Saturday (August 29) knowledgeable the courtroom that it could subject a contemporary discover to the MCA, and grant them a listening to on the problem of its contract with Shirke Infrastructure after which go a reasoned order.

The courtroom accepted this and stated that because the eateries are actually compliant with the principles, the order suspending their licenses stands vacated, and so they can reopen their companies.

There isn’t any provision within the regulation that prohibits the identical, the bench famous, stating that over the last listening to it had particularly requested FDA officers to use their minds and take a realistic view of the state of affairs.

“Nonetheless, regardless of clearly saying this, the FDA has disobeyed our order and brought a pedantic view as a substitute of a realistic view. We’re uninterested in scolding the division and officers on a regular basis. It’s now time to go stinging orders. We are going to subject contempt motion towards the involved officers. Allow them to persuade us or go to jail,” the courtroom stated.

The bench questioned why the FDA was all the time in “undue haste” and handed orders with out analysing the regulation.

“What number of instances ought to we attempt to persuade and stability equities in order that the division doesn’t really feel discouraged? Why do we are saying do not kill a mosquito with a sword? Do you are feeling you’re a lord and you are able to do something?” HC questioned.

Pursuant to the courtroom’s remarks, further authorities pleader P.P. Kakade submitted that the FDA would withdraw its order suspending the licences of the 5 eateries.

The courtroom disposed of the petitions on Saturday (August 29).