There is no legal embargo on convenience stores remaining open round the clock, the Bombay High Court recently held [Accelerate Productx Ventures Pvt Ltd v State of Maharashtra]..A Division Bench of Justices GS Kulkarni and Advait M Sethna said that such stores, which are popular worldwide, help consumers who have odd working hours and also help in boosting the economy. “We may observe that in contemporary times, the concept of 24x7 shops of such nature is a popular concept worldwide. It brings convenience, ease, and flexibility to consumers, especially those with non-standard working hours. It is also believed to boost the economy by increasing consumer spending and creating additional employment opportunities, which is crucial for a large country like ours, where unemployment is a major challenge. Recognizing such advantages and to align with global standards, no restrictions have been imposed by the State on the timings of such stores,” the Court noted.The observations were made while allowing The New Shop, a Pune-based convenience store, to remain open round the clock.The Court’s decision came after local police had imposed an arbitrary closing time of 10:00 to 11:00 pm, despite no law barring round the clock operations. .The New Shop, operated by Accelerate Productx Ventures Pvt. Ltd, started functioning as a 24/7 convenience store in Pune's Hadapsar under the Maharashtra Shops and Establishments Act, 2017. The petitioner claimed that despite being properly registered and following the required regulations, the local police, particularly from the Hadapsar Police Station, arbitrarily imposed a restriction on its operating hours by insisting that the store be closed between 10:00-11:00 pm The petitioner contended that no such law or regulation existed to justify these restrictions and convenience stores were not subject to any time limitations under the Act..The petitioner’s arguments were based on the fact that the Maharashtra Shops and Establishments Act, 2017 does not impose any closing-hour restrictions for convenience stores like The New Shop. It was also pointed out that restrictions only applied to certain types of establishments such as bars, permit rooms, hookah parlours and liquor stores as well as cinemas and theatres. The petitioner also referenced an RTI application to State authorities which confirmed that no additional permission was required from the police to operate the store 24/7. In response, the police admitted that it mistakenly applied rules meant for establishments serving food or alcohol, citing confusion over the fact that 'The New Shop' also sold food items. .In its order, the court clarified that the police had acted out of confusion, applying the wrong set of rules due to the presence of food items in the store. It emphasised that the Pune shop was not subject to the same restrictions as eateries or liquor-serving establishments. The Court further observed that there were no legal grounds for limiting the operating hours of the petitioner’s store and that convenience stores are not subject to the same time restrictions as other businesses."Thus, respondent no. 3 has also clearly admitted in the reply affidavit that no restriction can be imposed on the petitioner’s operating its New Shop 24x7 and more particularly after 10.00 – 11.00 pm,” the Court stated.In light of this, the Court allowed the store to continue its 24/7 operations, reinforcing the legal position that no restrictions were to be imposed on businesses like The New Shop that operate under the applicable laws..Advocate Kaustubh Gidh appeared for The New Shop.Additional Government Pleader Tejas Kapre appeared for the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
