MUMBAI: A High Court bench of acting CJ Ravindra Ghuge and Justice Gautam Ankhad directed that suspension of Poornima restaurant be treated as an “improvement notice” till next Tuesday, with fresh inspection on Wednesday. “All litigants should be treated equally before the law. No special treatment to any, and FDA inspections cannot be lopsided,” the court said.The Udupi restaurant’s owner Pramod Nayak had challenged the July 23 suspension of its Food Safety and Standards Authority of India (FSSAI) licence. The state lawyer said Mantralaya’s canteens had received a 98% compliance report from the FDA team. The HC sought action by FDA against officials who completed the inspection at Mantralaya in 30 minutes and gave the high compliance report. Poornima said the inspection at its 600sqft area went on for five hours. HC pointed out that in the case of Park Inn by Radisson, the inspection went on for 8-10 hours.
Remarking that FDA officers have taken a “chance” with the court, the bench said they (FDA) did not expect that lawyers would be ready to visit the Mantralaya canteens.Representing Poornima, senior counsel Venkatesh Dhond, with Mayur Khandeparkar and Sameer Pandit, had questioned the variance at play. Dhond said “no food samples were taken during the inspection at Poornima, so how can they decide if food was unsafe”; FDA had cited hygiene issues and “fungal” growth on raw food like drumsticks and black spots on bananas. Dhond said uneaten bananas at his home turn black. Acting CJ Ghuge added, “Even at my home.”The bench said, “We must appreciate that FDA is taking action,” but added, “It must be equal to all.” State lawyer Anjali Helekar said there was videography of the inspection…of the drainage condition. Justice Ghuge responded, “Show us the videography right now. Also show us the footage from Mantralaya.” Grilling the state and FDA lawyer, the judges said, “Under what circumstances are you giving improvement and suspension notices? Do you have parameters? Ask your officer why on the same day when inspection is done is a suspension notice given? Why is no improvement notice given first?”Patil then sought time and the matter was kept back for hearing post lunch when the advocates’ panel comprising Suresh Sabrad, Feroze Bharucha, Kainaz Irani and Swanand Ganoo submitted its report and photographs of the Mantralaya canteens. Holding up photos from Mantralaya and Poornima, HC said, “Tell us why suspension for some? If one is bad, so is the other.” The HC read the advocates’ report of 3 canteens (2 at Mantralaya, 1 at Vidhan Bhavan) and said 2-3 cockroaches were spotted on the wall. The state lawyer said the FDA was agreeable to an “improvement notice” to Poornima and the matter could be heard next week. The hearing is now on Aug 6. Meanwhile, three hospitality industry bodies-HRAWI, NRAI and AHAR-have petitioned the PM, state CM and FSSAI, seeking mandatory improvement notices, a review of the June 23 compliance order and restraint in premature public disclosure.
