The licence was suspended on July 3, a day after officials from the Maharashtra Food and Drug Administration (FDA) conducted a surprise inspection and reported alleged deficiencies and regulatory non-compliances. (AI-generated image)Observing that the discovery of “two insects” in an otherwise “satisfactory” kitchen inspection report was not sufficient grounds to continue the suspension of a five-star hotel’s food licence, the Bombay High Court Wednesday revoked the suspension and allowed it to resume operations.A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad heard a plea by the senior manager of Lotus Pond Hotel Private Limited, which manages Park Inn by Radisson in Navi Mumbai, challenging the suspension of its Food Safety and Standards Authority of India (FSSAI) licence under the Food Safety and Standards Act, 2006.Also Read | As FDA goes after Maharashtra eateries, HC flags those run by govt, seeks inspection detailsThe licence was suspended on July 3, a day after officials from the Maharashtra Food and Drug Administration ( FDA) conducted a surprise inspection and reported alleged deficiencies and regulatory non-compliances. The suspension brought the hotel’s food business operations to a standstill, prompting it to move the Bombay High Court.“The solitary finding regarding the presence of two insects, when viewed in the context of the overall inspection report recording the establishment as ‘compliant/satisfactory’, does not justify the continued suspension of the petitioner’s licence,” the bench held.Allowing the plea, the court restored the license and accepted the hotel’s undertaking to maintain the “highest standards of hygiene and sanitation” and ensure strict legal compliance.Second inspectionThe bench referred to the July 22 report of the second inspection conducted by a special committee under a court order, in which the petitioner was awarded “Grade A” with an overall assessment of “compliance/satisfactory”.The only adverse observation was the “presence of two insects in the dish-washing and sweet section of the kitchen premises,” the bench noted.Story continues below this adAlso Read | FDA suspends license of Mumbai’s six-decade-old Udupi eatery Poornima RestaurantThe bench observed that the factual position of July 3 had been “altered” and Section 32(3) of the 2006 Act was “preventive in nature” to “safeguard public health until the identified deficiencies are rectified.”It held that once the hotel remedied substantial deficiencies and attained 95 per cent compliance, the suspension order’s “very object” and continuance “ceased to serve the purpose.”‘Arbitrary and disproportionate’Appearing for the hotel, Advocate Mayur Khandeparkar argued that the power to suspend a licence was an “extraordinary” measure that could be invoked only when there was an “immediate threat to public health”, which, he contended, was absent in the present case.Also Read | The FDA came for adulterated milk. Mumbai’s sweet shops are paying the priceKhandeparkar added that the suspension order was “arbitrary” and “disproportionate,” as it had been issued without first serving the mandatory improvement notice required by law.Story continues below this adGovernment Pleader Neha Bhide justified it, citing “serious lapses” in hygiene, sanitation, food storage, and handling practices warranting immediate action.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More Tags:Bombay High CourtFSSAI