Hit by FDA whip, Bombay HC steps in to give another chance to 5 MCA food outlets

The Bombay High Court on Tuesday ordered the Maharashtra Food and Drug Administration (FDA) to reinspect five food outlets at the Mumbai Cricket Association’s (MCA) Bandra Kurla Complex premises with proper scores, a day after their food licences and registration were suspended by the food safety regulator over alleged hygiene, storage and food-handling violations.
The High Court has also orally asked the food safety regulator, under Commissioner Tukaram Mundhe, to “lift the suspension” if they are found to have followed the food safety rules in the reinspection.
The FDA inspected MCA’s BKC premises on August 20 and suspended the licences of five outlets the next day. They were being operated by M/s Shirke Infrastructure even though the licences were issued in MCA’s name.
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Senior advocates Vikram Nankani and Vineet Naik, representing MCA and M/s Shirke Infrastructure, respectively, told Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad that improvement notices were not issued, terming FDA’s interpretation of the agreement between the two parties unwarranted.
After Nankani said the contract crystallised an interim concessionaire arrangement for licence and registration, the HC asked the FDA to assess, “apply its mind” if legally permissible and “take a pragmatic approach.”
The HC initially sought the FDA’s response to the plea and orally remarked that “in the meantime, let there be only cricket” and asked MCA to do “cleaning up.”
The High Court also directed FDA to re-inspect the premises from 1 to 6 pm Thursday, with scores recorded in “the usual practice in vogue.”
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When Additional Government Pleader Priyabhushan P Kakade for FDA cited the provision for appeal, Acting CJ Ghuge referred to an earlier Pune dairy and sweets shop case where the appeal remained pending after hearing, despite 98% compliance.
“If the party complies with 98%, you should be happy that your laudable object is achieved,” Acting CJ Ghuge remarked, adding, “But the problem is that the moment your object is achieved with a particular entity which gives you 98% compliance, is it fair to that entity (that you continue suspension)? You should immediately say, our objective is achieved, you have 98% compliance, congratulations, and we lift the suspension. But you kept it pending for 35 days (Pune case).”
The next hearing has been posted to August 29.




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