The Bombay High Court on Tuesday took a lighter approach while hearing a plea filed by the Mumbai Cricket Association (MCA) against the suspension of licences of five eateries at its Bandra-Kurla Complex (BKC) premises.

The court jokingly asked whether cricketers knew they were being served “non-vegetarian tea” after the Maharashtra Food and Drug Administration (FDA) found cockroaches and flies in the kitchens.

The FDA had suspended the licences of the five eateries following an inspection that revealed serious hygiene and food safety violations. The MCA challenged the action, calling it harsh and arbitrary.

According to the FDA, the eateries were being operated by M/s Shirke Infrastructure, even though the food licences were issued in the name of the MCA.

Senior Advocate Vikram Nankani, appearing for the MCA, argued that the FDA should have first issued an improvement notice, giving the eateries an opportunity to correct the problems before suspending their licences.

A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, however, said an improvement notice was not necessary in cases involving gross violations.

The court noted that the FDA's inspection report mentioned cockroach and fly infestation in the kitchens, along with dirty and slippery floors.

“If there is a gross violation of hygiene standards, then the FDA can decide to suspend the licence forthwith,” the court observed.

During the hearing, Nankani pointed out that since the eateries had been shut, the MCA could not even serve tea to cricketers coming to play at its BKC ground.

The Acting Chief Justice responded in a lighter vein, asking whether the players knew they were consuming “non-vegetarian tea”.

“There are flies and cockroaches in the restaurants' kitchens. It is non-vegetarian tea. Do they know they are consuming this tea?” Justice Ghuge remarked.

The court, however, allowed the MCA to install a vending machine so that tea and coffee could be served to the players.

The bench also directed the MCA to clean the premises before Thursday, when the FDA will conduct a fresh inspection of all five eateries.

The court praised the FDA's action, observing that the regulator's efforts were being appreciated across the State. At the same time, it said that once an eatery rectifies the deficiencies, the suspension should be revoked without unnecessary delay.

“What the FDA is doing is laudable. But once a restaurant/eatery clears up the deficiencies, then the suspension order needs to be revoked immediately. It cannot be kept pending as the FDA's objective has been achieved,” the court said.

The bench also asked the FDA to examine the agreement between the MCA and Shirke Infrastructure, which was operating the eateries.

The court said that if the arrangement was legally permissible, the FDA should take a “pragmatic approach”.

The matter will be heard again on August 29.