'Suffer first; poetic justice': What Bombay HC said while denying relief to restaurant for serving analogue paneer

Serving up the irony of the situation, the Bombay HC stated that the restaurant needed to "suffer first," and called the situation "poetic justice."

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.

This development follows an earlier order by the Maharashtra government banning the manufacture and sale of analogue paneer for one year over public health concerns. (File Photo (Anshuman Poyrekar/HT))

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.

What is the case about?

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.

What happened in court

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.

What is analogue paneer?

Analogue paneer is a cheaper-to-produce, non-dairy substitute manufactured using vegetable oils, starches, emulsifiers, and other additives instead of milk fat.

It also contains lower protein levels.

Maharashtra bans manufacture, sale of analogue paneer

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.

(with inputs from PTI)