Bombay HC denies urgent relief to Thane eatery over licence suspension
The Bombay High Court refused immediate relief to the Thane restaurant, saying it needs to “suffer” for some time for serving banned paneer to the public
The Bombay High Court, which has often criticised the Maharashtra Food and Drug Administration (FDA) for its enforcement action against state eateries, has now turned towards a Thane restaurant for using banned analog paneer.
Remarking that the Udupi Swaad restaurant from Thane needs to “suffer” for some time, the Bombay High Court refused immediate relief to the restaurant against FDA action.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing a plea by Udupi Swaad Restaurant from Wagle Estate, Thane against the food safety body’s action on August 11.
“You need to suffer first as you have made people suffer by eating this (analog paneer)…Poetic justice. We will take a different strict view,” Acting CJ Ghuge said.
The suspension followed a June report that had declared its paneer sample unsafe and substandard.
The petitioner argued the action was taken without issuing a mandatory improvement notice under Section 32 of the Food Safety and Standards (FSS) Act, forcing its closure and causing revenue, livelihood, and reputation losses. However, Additional Government Pleader Vikrant Parshurami for the FDA justified the action as per the state-wide prohibition.
“Have you advertised in your menu card and inform or indicate customers you are serving them analog paneer and not the actual paneer? You are making people eat something rotten by making them believe that it is paneer and you are saying improvement notice should be given to you? Why don’t you advertise on your signboard that original food is not available with us? Acting CJ Ghuge orally questioned the petitioner.
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“People do not read everything and know what they are eating. You must be adding very nice spices and masala so that it tastes better and they may say it has a wonderful taste. Then they realise they are eating something rotten as instead of paneer they ate analog paneer,” the judge added.
After the petitioner assured that analog paneer would not be used again, Acting CJ Ghuge orally responded, “You must tell them what they are eating. How can you serve something that they (customers) have not asked for? You should be penalised and all those customers should go to the consumer forum and seek damages and costs.”
The court sought the FDA’s reply and posted the matter to September 7.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
