Mumbai: The Bombay high court on Wednesday directed a restaurant to first avail of the legally available choice of filing an appeal before the FDA commissioner against a suspension action. Last month too, the HC, after being critical of the regulator in several other matters, had turned its ire on an Udipi eatery for allegedly using banned analog paneer. The high court had declined urgent relief to the Thane restaurant, orally remarking that it needs to “suffer” for a while for serving banned paneer to the public.
The eatery, Udupi Swaad restaurant, had petitioned the HC against a recent suspension action ordered by the Maharashtra Food and Drug Administration (FDA) and sought interim relief. The restaurant in its petition cited evidence of buying 1 kg of loose paneer. It challenged the suspension of its license without being first issued an improvement notice under the
Food Safety and Standards Act and without a reasoned order.
FDA counsel P P Kakade said the restaurant is entitled under the law to first file an appeal against the food inspector’s order of suspension of FSSAI license.
The Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna too observed orally that if the remedy is available in law, the restaurant needs to avail it first before coming to the HC.
