Poetic justice: Bombay HC refuses urgent relief to restaurant against FDA action over analogue paneer

The Bombay High Court on Friday refused urgent relief to a restaurant whose license was suspended for serving the banned ‘analog paneer’. [Udupi Swaad Restaurant v. State of Maharashtra & Ors.]

The Court was approached by the restaurant challenging the suspension of its license by the Maharashtra Food and Drug Administration. 

A division bench of acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad observed that restaurants cannot serve synthetic substitutes under the guise of dairy paneer without explicit disclosure to consumers. 

When the restaurant requested an urgent stay on the order suspending its license, the Court remarked the establishment must suffer temporarily. 

“Let the FDA reply come, suffer till then. You also need to suffer first as you have made people suffer by eating this. Poetic justice!” Chief Justice Ghuge remarked. 

After FDA suspended the restaurant’s license on August 10, it declared the restaurant’s paneer sample unsafe and substandard. 

The restaurant argued that authorities failed to issue a mandatory improvement notice under the Food Safety and Standards Act (FSSA). It also raised grievance that the abrupt closure caused severe revenue and reputation losses.

FDA justified the action. It relied on the notification of the FDA commissioner Tukaram Mundhe prohibiting ‘analog’ or synthetic paneer across Maharashtra for one year.

During the hearing on Friday, the Court criticised the restaurant.

“Have you advertised in your menu card or indicated to customers that you are serving them analog paneer and not the actual paneer? Why don't you advertise on your signboard that original food is not available with you?” the bench asked. 

ACJ Ghuge also remarked that customers are often misled using heavy spices.

“People do not read everything and know what they are eating. You must be adding very nice spices and masala so that it tastes better. Then they realise they are eating something rotten. You must tell them what they are eating. How can you serve something that they have not asked for?” the Bench said.

The restaurant assured the Court that it would stop using analog paneer immediately.

However, the Court refused to grant any immediate relief against suspension.

It even suggested affected customers to approach the consumer forum to seek damages. The Bench firmly declined to grant any immediate relief against the suspension.

The FDA was directed to file a reply by September 2 and the matter will be heard next on September 7.