In a move favoring the Maharashtra Food and Drug Administration (FDA), the Bombay High Court on Friday rapped a Thane restaurant while denying it relief from the agency's action for serving banned analogue paneer.
Highlighting the irony of the situation, the court stated that the restaurant needed to "suffer first," calling the situation “poetic justice.”
In the past, the court and the FDA have had their share of disagreements over the agency's actions against hotels and restaurants. However, this case brought the two on the same page.
This development comes after the eatery had approached the court and filed a petition against the FDA's August 11 order suspending its licence after it was discovered that the restaurant was serving banned analogue paneer.
The restaurant, in its plea, said the FDA ought to have first issued it an improvement notice, according to news agency PTI.
A bench comprising acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad denied a stay on the suspension of the licence of 'Udupi Swaad,' the report added.
"You need to suffer first, as you have made people suffer by eating this. This is poetic justice. We will take a different strict view this time," the bench said dismissing the hotel's contention.
The bench turned down the plea against the Maharashtra FDA.
"You are making people eat something rotten by making them believe that it is paneer, and you are saying improvement notice should be given to you? Why don't you advertise on your signboard that original food is not available with us," it added.
"How can you serve something that they (customers) have not asked for? You should be penalised, and all those customers should go to the consumer forum and seek damages and costs," the HC said.
The restaurant assured the court that it would not use the banned paneer again. However, the bench noted that a customer has the right to know what they are consuming.
Furthermore, the HC directed the FDA to file its affidavit in reply. It posted the matter for further hearing on September 7.
Analogue paneer is a cheaper-to-produce, non-dairy substitute manufactured using vegetable oils, starches, emulsifiers, and other additives instead of milk fat.
The action by FDA against the eatery follows an earlier order by the Maharashtra government banning the manufacture and sale of analogue or non-dairy paneer for one year over public health concerns.
Under the government order, offenders could face a minimum fine of ₹10 lakh and life imprisonment if the consumption of unsafe food results in death.
Anushka Awasthi is a Content Producer at Hindustan Times, where she covers politics, geopolitics, and major national and international developments. She holds both a Bachelor's and a Master's degree in Journalism and Mass Communication from Guru Gobind Singh Indraprastha University (GGSIPU), New Delhi. Passionate about India's political landscape, Anushka believes that politics shapes every aspect of society, from public policy to everyday life. This drives her to deliver timely, accurate, and researched news that helps readers make sense of everyday developments. Before joining Hindustan Times, Anushka worked with the Zee News English website, reporting extensively on Indian politics and international affairs. During her tenure, she also wrote a range of interviews and analytical stories, focusing on key political and international affairs events. Her reporting is driven by a strong interest in journalism and a dedication to balanced reporting. She strives to present news with clarity and context in the digital era. She aims to ensure that readers stay informed about issues that matter. Outside the newsroom, she enjoys planning her next travel adventure to various corners of India, reading classical books, and binging sitcoms. A coffee enthusiast, she is always on the lookout for new places and experiences.Read More
