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    Bombay High Court Directs FDA to Re-Inspect MCA Eateries; Permits Limited Beverage Service Pending Review

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    Bombay High Court Directs FDA to Re-Inspect MCA Eateries; Permits Limited Beverage Service Pending Review

    The Bombay High Court ordered re-inspection of five suspended eateries at Mumbai Cricket Association premises and permitted service of tea and coffee only during tournaments until the FDA's report is submitted.

    Jurisight Desk
    Aug 25, 2026·3 min read
    Bombay High Court Directs FDA to Re-Inspect MCA Eateries; Permits Limited Beverage Service Pending Review

    This article was prepared with AI assistance and reviewed by the Jurisight Desk.

    The Bombay High Court on Tuesday directed the Maharashtra Food and Drugs Administration (FDA) to re-inspect the five eateries operating within the premises of the Mumbai Cricket Association (MCA) and to submit a report on whether their suspended FSSAI licences could be revoked. The court was hearing a writ petition filed by the MCA challenging the suspension of licences suspended by the FDA following surprise inspections that found hygiene deficiencies.

    The division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad heard submissions from senior advocate Vikram Nankani, representing the MCA, who argued that the premises are now over 98% compliant with hygiene norms and therefore the continued suspension of licences is unjustified. Additional Government Pleader Priyabhushan Kakade, appearing for the FDA, submitted that the petitions were served late and sought time to file an affidavit-in-reply. He further noted that the petitioners have the right to appeal the suspension order before the FDA Commissioner.

    The bench acknowledged the FDA’s need for time to respond but observed that if the petitioners are currently compliant with hygiene standards, they cannot be barred from operating while awaiting the outcome of an appeal. Acting Chief Justice Ghuge remarked to counsel for the FDA that while the administration should be pleased that the MCA claims to have achieved the desired compliance level, it cannot insist on keeping the eateries closed until the appeal is decided.

    To balance the competing interests, the court directed the FDA to conduct a re-inspection of the five eateries Permit Room, Oriental Swing, Clubway & Pastry Counter, Mediterranean and Pavilion on Thursday afternoon. A report on the current hygiene compliance status of the MCA premises is to be submitted by Monday morning, accompanied by the FDA’s affidavit. The matter is scheduled for further hearing on August 31.

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    Regarding tournaments to be held at the MCA during the interim period, the court permitted the petitioners to serve only tea and coffee to participants. The bench specified that such beverages must be dispensed through tea vending machines and that no meals may be served during this time. The order aims to allow limited operations while ensuring that public health standards are not compromised pending the FDA’s final assessment.

    The case is titled Mumbai Cricket Association vs Maharashtra FDA [Writ Petition (L) 29313 of 2026]. The court’s order reflects an attempt to reconcile regulatory oversight with the practical realities of ongoing sporting events, conditioning continued operation on strict adherence to the permitted beverage service and imminent regulatory review.

    The bench did not express any final view on the merits of the licence suspension but emphasized that interim relief must not become a barrier to legitimate activity where compliance is asserted and under review. The directive for re-inspection and the restriction on food service constitute a measured approach to maintaining hygiene standards without causing undue disruption to scheduled events at the MCA premises.

    The order underscores the court’s role in supervising administrative actions while ensuring that procedural delays do not result in disproportionate hardship to licence holders who claim to have rectified identified deficiencies. The FDA’s forthcoming report will determine whether the licences can be reinstated or if further action is required.

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