'Suffer,' Bombay HC denies urgent relief to Thane's Udupi Swaad eatery over licence suspension
"You need to suffer first as you have made people suffer by eating this (analog paneer)…Poetic justice. We will take a different strict view," Acting CJ Ghuge remarked.
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On Friday, August 22, the Bombay High Court, which has frequently pulled up the Maharashtra Food and Drug Administration (FDA) over its enforcement actions against state eateries, has this time sided against a Thane restaurant found using banned analog paneer.
“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 and they may say it has a wonderful taste. Then they realise they are eating something rotten as instead of paneer they ate analog paneer,” the judge added.
After the petitioner assured that analog paneer would not be used again, Acting CJ Ghuge orally responded, “You must tell them what they are eating. 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 court sought the FDA’s reply and posted the matter to September 7.
Observing that Udupi Swaad Restaurant in Thane needs to "suffer" for a while, the court declined to grant it immediate relief from the FDA's action. The bench, comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad, was hearing a petition filed by Udupi Swaad Restaurant of Wagle Estate, Thane, challenging the food safety body's action taken on August 11.
"You need to suffer first as you have made people suffer by eating this (analog paneer)…Poetic justice. We will take a different strict view," Acting CJ Ghuge remarked. The suspension came after a June report found the restaurant's paneer sample to be unsafe and substandard.
The restaurant argued that the FDA had acted without issuing the mandatory improvement notice required under Section 32 of the Food Safety and Standards (FSS) Act, and that the resulting closure had caused losses in revenue, livelihood, and reputation. Additional Government Pleader Vikrant Parshurami, representing the FDA, countered that the action was consistent with the state-wide ban in place.
Tight slap on the face of Udupi Swaad Restaurant by the Bombay High Court.
— Nalini Unagar (@NalinisKitchen) August 22, 2026
Restaurant's license was suspended by the FDA so they went to the High Court for relief.
Judges: You were using banned analogue paneer.
Restaurant: But sir, they suspended our license without issuing… pic.twitter.com/HSFux1fzOs
“Have you advertised in your menu card and informed or indicated to customers you are serving them analog paneer and not the actual paneer? You are making people eat something rotten by making them believe that it is paneer, and you are saying an improvement notice should be given to you? Why don’t you advertise on your signboard that original food is not available with us? Acting CJ Ghuge orally questioned the petitioner.
“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 and they may say it has a wonderful taste. Then they realise they are eating something rotten as instead of paneer they ate analog paneer,” the judge added.
After the petitioner assured that analog paneer would not be used again, Acting CJ Ghuge orally responded, “You must tell them what they are eating. 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 court sought the FDA’s reply and posted the matter to September 7.