The record
Written from the 1 report below. Nothing here is unsourced.
- The Bombay High Court on Wednesday directed Udupi Swaad restaurant to first file an appeal before the FDA commissioner against its license suspension before approaching the court.
- The Thane restaurant had petitioned the High Court challenging the Maharashtra FDA's suspension of its FSSAI license, seeking interim relief.
- The suspension followed allegations that the restaurant served banned analog paneer to the public.
- The restaurant argued its license was suspended without an improvement notice under the Food Safety and Standards Act and without a reasoned order, citing evidence of buying only 1 kg of loose paneer.
- The court's ruling matters because it requires businesses to exhaust available administrative remedies before seeking judicial intervention.
What to watch next
- Whether the restaurant files an appeal before the FDA commissioner.
- Whether the FDA issues a reasoned order or improvement notice during the appeal process.
- Whether the restaurant returns to the High Court after exhausting the appeal remedy.
Who said what1
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Mahesh Chandra Tripathi
Chief Justice of the Bombay High Court
1 quote · 1 outlet
“if the remedy is available in law, the restaurant needs to avail it first before coming to the HC.”
In the article
…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.
Coverage1
All filed from India
Named India · Udupi Swaad · Advait Sethna · Bombay High Court · Maharashtra Food and Drug Administration · Mahesh Chandra Tripathi · P P Kakade
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