Bombay HC orders fresh FDA inspection of MCA’s BKC kitchens after questioning ‘partial compliance’ report
The court also questioned how an establishment could remain suspended when the specific deficiencies were not clearly set out.
- Aug 25, 2026,
- Updated Aug 25, 2026 3:46 PM IST
The Bombay High Court has directed the Food and Drug Administration (FDA) to carry out a fresh inspection of the Mumbai Cricket Association’s (MCA) food and beverage facilities at its Bandra-Kurla Complex (BKC) premises after questioning the basis of the regulator’s decision to suspend food operations.
The order came during the hearing of a petition filed by the MCA challenging the suspension of its food and beverage services.
The bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad raised concerns over the FDA’s inspection report, particularly the use of the term "partial compliance" without specific numerical scores or details of the deficiencies found.
Court questions FDA report
The bench observed that standard auto-generated FDA inspection reports contain numerical compliance scores, which were missing from the report challenged by the MCA.
The court also questioned how an establishment could remain suspended when the specific deficiencies were not clearly set out. The Acting Chief Justice said, "I have to reiterate that food is also something non-vegetarian because of the flies and cockroaches."
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Senior advocate Vikram Nankani, appearing for the MCA, argued that the FDA had suspended the food and beverage operations on the basis of an unquantified "partial compliance" finding. He also submitted that the authority had not issued statutory improvement notices under Section 32 of the Food Safety and Standards (FSS) Act.
The court has now directed FDA officials to inspect all MCA establishments at BKC afresh between 1:00 PM and 6:00 PM. The inspection is to be carried out using the standard auto-generated scorecards.
MCA raises concern over athletes
During the hearing, Nankani also highlighted the immediate impact of the suspension on athletes and visitors at the MCA premises. Cricket camps are currently underway, while badminton tournaments are scheduled to begin in the coming days.
He pointed out that players would not even be able to access basic beverages inside the premises and would have to step outside the stadium for something as simple as a Vada Pav.
Government pleader PP Kakade suggested that tea could be sourced from outside vendors in the interim. Nankani responded by raising concerns over hygiene at roadside outlets, prompting the bench to remark that street tea "tastes better” because of that.
The court, however, granted interim relief to the MCA and allowed it to operate automated tea and coffee vending machines on the premises. The machines must involve minimal human intervention.
The bench has also asked the FDA to pragmatically examine the contractual arrangement between the MCA and its concessionaire, particularly the issue of licensing liabilities.
The matter is scheduled to be heard next on Saturday, August 24.
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Bombay HC questions FDA over restaurant licence suspension
In a separate matter involving a bar and restaurant in Navi Mumbai, the Bombay High Court questioned the FDA over the continued suspension of the establishment’s licence even after a subsequent inspection found it to be fully compliant.
The establishment had initially recorded 63% compliance during a surprise FDA inspection, following which its licence was suspended. A re-inspection conducted by the same officials on July 14 found the establishment to be 100% compliant. However, the licence had not been restored.
The plea, filed through advocate Sagar Shetty, said the continued suspension had resulted in a complete shutdown of the business, causing financial hardship to the owners and employees and affecting the establishment’s goodwill and reputation.
The petition also argued that the continued suspension, despite the establishment achieving 100% compliance, violated the petitioners’ right to carry on trade and business under Article 19(1)(g) of the Constitution of India.
Court asks FDA to account for business losses
The establishment told the court that it had suffered losses of ₹50 lakhs during the 21-day closure.
The bench questioned who would bear the financial loss caused by the continued suspension and said, "Who will pay for the financial loss to the petitioner? We will calculate the average income per day of the establishment and that will be charged to you."
The court also stressed that licences should be restored automatically after a re-inspection confirms compliance, so that businesses are not forced to approach the court for relief.
The FDA sought time to respond to the loss estimate submitted by the establishment. The matter will be heard further on September 8.
The Bombay High Court has directed the Food and Drug Administration (FDA) to carry out a fresh inspection of the Mumbai Cricket Association’s (MCA) food and beverage facilities at its Bandra-Kurla Complex (BKC) premises after questioning the basis of the regulator’s decision to suspend food operations.
The order came during the hearing of a petition filed by the MCA challenging the suspension of its food and beverage services.
The bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad raised concerns over the FDA’s inspection report, particularly the use of the term "partial compliance" without specific numerical scores or details of the deficiencies found.
Court questions FDA report
The bench observed that standard auto-generated FDA inspection reports contain numerical compliance scores, which were missing from the report challenged by the MCA.
The court also questioned how an establishment could remain suspended when the specific deficiencies were not clearly set out. The Acting Chief Justice said, "I have to reiterate that food is also something non-vegetarian because of the flies and cockroaches."
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Senior advocate Vikram Nankani, appearing for the MCA, argued that the FDA had suspended the food and beverage operations on the basis of an unquantified "partial compliance" finding. He also submitted that the authority had not issued statutory improvement notices under Section 32 of the Food Safety and Standards (FSS) Act.
The court has now directed FDA officials to inspect all MCA establishments at BKC afresh between 1:00 PM and 6:00 PM. The inspection is to be carried out using the standard auto-generated scorecards.
MCA raises concern over athletes
During the hearing, Nankani also highlighted the immediate impact of the suspension on athletes and visitors at the MCA premises. Cricket camps are currently underway, while badminton tournaments are scheduled to begin in the coming days.
He pointed out that players would not even be able to access basic beverages inside the premises and would have to step outside the stadium for something as simple as a Vada Pav.
Government pleader PP Kakade suggested that tea could be sourced from outside vendors in the interim. Nankani responded by raising concerns over hygiene at roadside outlets, prompting the bench to remark that street tea "tastes better” because of that.
The court, however, granted interim relief to the MCA and allowed it to operate automated tea and coffee vending machines on the premises. The machines must involve minimal human intervention.
The bench has also asked the FDA to pragmatically examine the contractual arrangement between the MCA and its concessionaire, particularly the issue of licensing liabilities.
The matter is scheduled to be heard next on Saturday, August 24.
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Bombay HC questions FDA over restaurant licence suspension
In a separate matter involving a bar and restaurant in Navi Mumbai, the Bombay High Court questioned the FDA over the continued suspension of the establishment’s licence even after a subsequent inspection found it to be fully compliant.
The establishment had initially recorded 63% compliance during a surprise FDA inspection, following which its licence was suspended. A re-inspection conducted by the same officials on July 14 found the establishment to be 100% compliant. However, the licence had not been restored.
The plea, filed through advocate Sagar Shetty, said the continued suspension had resulted in a complete shutdown of the business, causing financial hardship to the owners and employees and affecting the establishment’s goodwill and reputation.
The petition also argued that the continued suspension, despite the establishment achieving 100% compliance, violated the petitioners’ right to carry on trade and business under Article 19(1)(g) of the Constitution of India.
Court asks FDA to account for business losses
The establishment told the court that it had suffered losses of ₹50 lakhs during the 21-day closure.
The bench questioned who would bear the financial loss caused by the continued suspension and said, "Who will pay for the financial loss to the petitioner? We will calculate the average income per day of the establishment and that will be charged to you."
The court also stressed that licences should be restored automatically after a re-inspection confirms compliance, so that businesses are not forced to approach the court for relief.
The FDA sought time to respond to the loss estimate submitted by the establishment. The matter will be heard further on September 8.