The Bombay High Court on Wednesday set aside Brihanmumbai Municipal Corporations (BMC) action against two companies for installing coffee vending machines without licence. It also rubbished the corporations claim that the companies should get licence before installing a coffee/tea vending machine at their offices as it is business. The issue in the present case was whether an organisation can have a vending machine,though only for the benefit of its staff,without a licence to sell coffee or tea. Northern Marine Managament Private Limited and Basell Polyolefines India Private limited,two Powai-based companies moved the court after the municipal corporation had issued notices to them for illegally selling coffee at their offices,though they had only coffee vending machines. Citing the Bombay Municipal Corporation Act,the civic body claimed that a licence is required for running a tea or a coffee shop. The BMC also filed a complaint with the magistrate,who issued summons to the two companies. However,Advocate S G Gokhale,appearing for the petitioners,argued that machines were meant for the supply of coffee/tea to staff and guests and not for sale. A division bench of justices Bilal Nazki and A R Joshi observed that even the notice issued by BMC did not mention that coffee was being sold on the premises. The court observed that the notice did not mention what the offence was. The court also hauled up the Metropolitan Magistrate for not applying his mind while issuing summons. Surprisingly,the magistrate has not applied his mind, the court observed. Its not unreasonable for offices to have coffee machines for its employees and guests, the court said. Therefore,the court quashed the civic bodys notices and complaints.
