Mumbai | September 8, 2026
The Bombay High Court has directed the Maharashtra Food and Drug Administration (FDA) to promptly revoke licence suspensions imposed on establishments that have corrected the food-safety deficiencies identified during inspections and whose subsequent compliance reports show that the requirements have been met.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the direction while hearing a petition filed by Siddharth Agro, an establishment involved in milk chilling, storage and supply. The court also said food establishments should not be forced to approach the judiciary to seek relief from a suspension that is no longer necessary after the identified deficiencies have been corrected.
The order followed the bench’s observation that several cases before it showed a similar pattern. According to the court, establishments had addressed the deficiencies pointed out by the FDA, and automated reports indicated compliance, but the suspension or cancellation orders were not withdrawn by the regulator.
The court said such inaction prevents establishments from carrying out their businesses and can cause financial losses to the establishments, their employees and their supply chains. It also observed that requiring an establishment to approach the court merely to have an ineffective order withdrawn was not justified. The bench said such litigation could be avoided and placed an unnecessary burden on both businesses and the judiciary.
The Siddharth Agro case began after an inspection of the petitioner’s premises in July. The FDA found deficiencies and subsequently cancelled the establishment’s licence. The establishment then claimed that it had corrected the shortcomings and requested another inspection by FDA officials, followed by withdrawal of the suspension if the regulator was satisfied with the compliance.
During the hearing, government advocate Priyabhushan Kakade told the court that a further inspection had found that some deficiencies still remained. The petitioner, however, told the court that it had subsequently corrected all the newly identified deficiencies and had again requested a fresh inspection.
The bench directed the FDA to reinspect the premises and revoke the licence suspension if the establishment was found to have complied with the applicable requirements. It also directed the regulator to withdraw suspension or cancellation orders promptly in all cases where the deficiencies have been properly corrected in accordance with statutory and regulatory requirements.
The court said the FDA’s regulatory mechanism must operate fairly, efficiently and proportionately, and made clear that establishments that have remedied food-safety deficiencies should not face an additional penalty because of regulatory inaction. The order places the immediate responsibility for reassessment and withdrawal of no-longer-effective suspensions on the FDA.
