With IMFL licenses suspended, six bar owners move to Bombay HC | Mumbai News

MUMBAI: The owner of a restaurant and bar on Friday approached the Bombay High Court to challenge what he called an “illegal and high-handed action” by the Mumbai city tax collector who cancelled his foreign liquor license (IMFL) on May 27 in a hasty reaction to the Pune teenager’s case.

Deepak Tyagi of Goodluck Bar and Restaurant filed the petition. His lawyer Veena Thadani said that the Mumbai-based debt collector had become active after the two unfortunate deaths in Pune, after a minor was gifted a high-performance luxury car by his father, a construction worker, and was allegedly served alcohol in bars there.

There were five other similar petitions from other bar owners, complaining that their licenses were revoked due to minor technical glitches, such as five women being caught working beyond the permitted hours and alcohol being served outside of the approved premises.

When the matter was mentioned, the Holiday Court, which already had many other matters on its agenda, granted permission to mention it again on Monday.

The customs authority has “started harassing license holders” by registering allegedly false and null and void cases and suspending licenses, said the petition, which called for the suspension decision to be overturned and for an interim stay.

Tyagi argues that the restaurant employs 25 people and the suspension has resulted in the closure of the restaurant till June 10, which will affect their salaries. At the same time, he argues that State Customs officials who visited his restaurant in Mumbai Central violated the principles of natural justice as there was no notice or hearing.

He added that he had appealed and filed a stay application under Section 137(2) of the Maharashtra Prohibition Act, 1949 with the Commissioner of State Customs, who, however, refused to stay the order. Both the Supreme Court and the High Courts have held that any order that violates the principles of natural justice is “unjustified” and should be quashed, the petition said.

The petition says the order was issued “without any deliberation”. It states: “Such an arbitrary and arrogant measure is totally unjustified and only suggests that the Customs Authority is trying to feign its effectiveness.”