Bombay HC Directs FDA To Promptly Revoke Licence Suspensions Once Deficiencies Are Rectified

Mumbai, September 8, 2026: The Bombay High Court has directed the Food and Drugs Administration (FDA) to forthwith revoke orders suspending or cancelling licences once an establishment rectifies deficiencies identified by authorities.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, in an August 28 order, said it had noticed several cases where establishments continued to face licence suspension or cancellation despite complying with the deficiencies.

“We have noticed in several matters listed before us, that even after an establishment has duly complied with the deficiencies pointed out by the respondents, the suspension or cancellation order is not revoked,” the court said.

Case Involving Siddharth Agro

The court was hearing a petition filed by Siddharth Agro, which procures, stores and supplies raw milk to large dairy processing units in Maharashtra. The FDA, Pune, suspended its licence on July 15.

The state, represented by advocate Priyabhushan Kakade, said several deficiencies remained during a July 29 re-inspection. The petitioner sought another inspection to determine whether they had since been rectified.

The High Court directed the FDA to conduct an inspection on August 31.

Court Flags Serious Consequences

The judges said continued inaction could have serious consequences. “The result of such inaction is extremely serious, as the establishment is prevented from carrying on its business,” the court said, adding that it could cause financial losses and affect employees and the supply chain.

The court described such litigation as “wholly avoidable” and said it unnecessarily burdened businesses and the judiciary. It noted that similar inaction had earlier led it to direct compensatory payment of Rs 5 lakh to a Pune dairy.

“An establishment which has cured the deficiencies cannot be penalised further due to the inaction of the respondents,” the bench said.

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FDA Ordered To Revoke Licences

To prevent recurrence, the court directed that in all such cases, once the FDA is satisfied through an auto-generated report that deficiencies have been rectified, it must “forthwith revoke” the suspension or cancellation order.

In Siddharth Agro’s case, the July 15 suspension will automatically stand revoked once the compliance report is issued, subject to legal compliance.

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