FDA crackdown: Bombay HC steps in to give another chance to 5 MCA food outlets

The Bombay High Court intervened on Tuesday to provide a second opportunity to five food outlets located within the Mumbai Cricket Association’s (MCA) Bandra Kurla Complex premises. These outlets had their food licenses and registration suspended by the food safety regulator due to concerns over hygiene, storage, and food-handling violations.

Just a day earlier, the FDA had suspended the licenses of these five MCA-operated outlets following an inspection on August 20. The outlets were managed by M/s Shirke Infrastructure, even though the licenses were issued under MCA’s name. The Bombay High Court questioned the FDA's decision, stating that the interpretation of the agreement between MCA and Shirke Infrastructure was unwarranted.

Senior advocates Vikram Nankani and Vineet Naik, representing MCA and Shirke Infrastructure, respectively, informed Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad that no improvement notices were issued. Nankani argued that the contract established an interim concessionaire arrangement for the license and registration.

The High Court directed the FDA to reinspect the premises within the hours of 1 to 6 pm on Thursday, as is customary. Additionally, the court asked the FDA to consider whether the suspension was legally permissible and to approach the matter pragmatically. The High Court emphasized that compliance with 98% of the food safety rules should be sufficient to lift the suspension, even if the issue remained pending for 35 days.

If the outlet complies with the food safety rules, the court urged the FDA to lift the suspension promptly, stating that the objective of improved compliance should be achieved. The next hearing in this matter is scheduled for August 29.