'Do you feel you are a lord...': Bombay HC warns Tukaram Mundhe's FDA with contempt charges
Last week, the regulator suspended the licenses of five eateries inside the MCA complex citing hygiene concerns and licensing discrepancies. The judges criticised the regulator for adopting a "pedantic instead of pragmatic" approach and failing to apply its mind properly to the matter.
- Aug 29, 2026,
- Updated Aug 29, 2026 8:45 PM IST
In a stern rebuke of the Maharashtra Food and Drug Administration's aggressive state-wide enforcement drive, the Bombay High Court vacated the suspension of five restaurant licences at the Mumbai Cricket Association (MCA) complex in Bandra Kurla Complex (BKC) and warned officials of potential contempt proceedings.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed severe displeasure over the FDA's persistent refusal to reinstate the licenses, even after a follow-up inspection revealed that the establishments were 88 per cent compliant with food safety standards.
The judges criticised the regulator for adopting a "pedantic instead of pragmatic" approach and failing to apply its mind properly to the matter.
"How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say 'don't kill a mosquito with a sword'? Do you feel you are a lord and you can do anything?" the bench remarked, adding that it was "tired of scolding the department and officers".
The dispute arose following a series of high-profile crackdowns initiated by FDA Commissioner Tukaram Mundhe against food outlets, hotels, and warehouses across Maharashtra. Last week, the regulator suspended the licenses of five eateries inside the MCA complex citing hygiene concerns and licensing discrepancies.
While the court had previously acknowledged the commissioner's initiative to bolster food safety, it directed a fresh, objective inspection. Despite the updated inspection finding substantial compliance, the FDA maintained the suspension on the ground that the eateries were being run by M/s Shirke Infrastructure, whereas the original licenses had been issued in the name of the MCA.
Questioning why the authority had acted with "undue haste" without thoroughly examining the legal position, the court warned that contempt proceedings could follow if court directions continued to be ignored.
Relenting during Saturday's proceedings, the FDA informed the bench that it would issue a fresh notice to the MCA regarding its contractual agreement with Shirke Infrastructure, allow a formal hearing, and subsequently issue a reasoned order.
Accepting this undertaking, the High Court set aside the suspension orders with immediate effect, noting that there was no valid legal bar to prevent the restaurants from resuming operations.
In a stern rebuke of the Maharashtra Food and Drug Administration's aggressive state-wide enforcement drive, the Bombay High Court vacated the suspension of five restaurant licences at the Mumbai Cricket Association (MCA) complex in Bandra Kurla Complex (BKC) and warned officials of potential contempt proceedings.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed severe displeasure over the FDA's persistent refusal to reinstate the licenses, even after a follow-up inspection revealed that the establishments were 88 per cent compliant with food safety standards.
The judges criticised the regulator for adopting a "pedantic instead of pragmatic" approach and failing to apply its mind properly to the matter.
"How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say 'don't kill a mosquito with a sword'? Do you feel you are a lord and you can do anything?" the bench remarked, adding that it was "tired of scolding the department and officers".
The dispute arose following a series of high-profile crackdowns initiated by FDA Commissioner Tukaram Mundhe against food outlets, hotels, and warehouses across Maharashtra. Last week, the regulator suspended the licenses of five eateries inside the MCA complex citing hygiene concerns and licensing discrepancies.
While the court had previously acknowledged the commissioner's initiative to bolster food safety, it directed a fresh, objective inspection. Despite the updated inspection finding substantial compliance, the FDA maintained the suspension on the ground that the eateries were being run by M/s Shirke Infrastructure, whereas the original licenses had been issued in the name of the MCA.
Questioning why the authority had acted with "undue haste" without thoroughly examining the legal position, the court warned that contempt proceedings could follow if court directions continued to be ignored.
Relenting during Saturday's proceedings, the FDA informed the bench that it would issue a fresh notice to the MCA regarding its contractual agreement with Shirke Infrastructure, allow a formal hearing, and subsequently issue a reasoned order.
Accepting this undertaking, the High Court set aside the suspension orders with immediate effect, noting that there was no valid legal bar to prevent the restaurants from resuming operations.