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Bombay High Court

KRISHNAN PADMADASversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Disposed Off

Holding

The canteen does not fall within the definition of an "eating house" under Section 3(ff) of the MMC Act, and the issue process order is therefore invalid and quashed.

Summary

The applicant, Krishnan Padmadas, operated a staff canteen for Tata Consultancy Services employees within the TCS premises, which was not open to the general public. The Municipal Corporation of Greater Mumbai issued an issue process order under Section 394(1)(e) read with Section 471 of the Mumbai Municipal Corporation Act, alleging the canteen was an "eating house" requiring a licence under Section 3(ff). The corporation failed to produce evidence that the canteen admitted the public or operated for profit. The High Court held that without such proof, the canteen could not be classified as an eating house and the corporation’s notice was insufficient. Consequently, the court allowed the applicant’s application and quashed the issue process order.

Issues considered

  • Whether the staff canteen constitutes an "eating house" within the meaning of Section 3(ff) of the Mumbai Municipal Corporation Act, 1888.
  • Whether the Municipal Corporation complied with the evidentiary burden when issuing an issue process order under Section 394(1)(e) and Section 471 of the Act.

Legislation cited

Subjects

  • eating house
  • municipal corporation act
  • licence
  • canteen
  • public access
  • profit
  • issue process order
  • quash

Judgment

                                                                                             1-APL-795-2018.doc



                             N.S.Kamble


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPLICATION NO.795 OF 2018


                             Krishnan Padmadas                                          … Applicant
                                   Versus
                             Municipal Corporation Of Greater Mumbai & Anr.             … Respondents
                             ____________________________________________________________
          Digitally signed
NILAM     by NILAM
          SANTOSH            Ms.Fereshte Sethna a/w Mr.Mohit Tiwari, Ms.Naomi Ting and
SANTOSH   KAMBLE
KAMBLE    Date: 2026.02.27
          12:21:32 +0530     Ms.Sushmita Chauhan i/b DMD Advocates, for the Applicant.
                             Mr.P.P. Chavan i/b Ms.Komal Punjabi, for Respondent No.1-MCGM.
                             Mr.S.S. Pednekar, APP for Respondent-State.
                             ____________________________________________________________
                                                              CORAM : SHIVKUMAR DIGE, J.
                                                              DATE           :   17th FEBRUARY 2026
                             P.C. :

                             .            Heard learned counsel for the Applicant, learned counsel for

                             Respondent-MCGM and learned APP.

                             2.           The challenge in this Application is the issue process order

                             passed by the learned Metropolitan Magistrate, 39 th Court, Vile Parle,

                             Mumbai under Section 394(1)(e) read with Section 471 of the Mumbai

                             Municipal Corporation Act, 1888 (‘MMC’ for short) and order passed by

                             learned Sessions Court dated 7 th October 2016 remanding back the matter

                             for passing appropriate order.

                             3.           It is contention of the learned counsel for the Applicant that

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N.S.Kamble


subject canteen was not open to the members of the general public and

merely providing subsidized food to employees of the Tata Consultancy

Services Limited (‘TCS’ for short), through its catering service provider does

not constitute the offence alleged. The learned counsel further submitted

that the staff canteen was a welfare non-profit measure for employees of

TCS. There is neither any element of trade or profit involved in the subject

staff canteen nor is the canteen capable of being classified as an eating house

which would attract provisions of the Act.        The learned Magistrate and

learned Sessions Court erred in failing to appreciate the allegations against

the Applicant and requested to allow the Application.

4.             The learned counsel for the Applicant relied on Sohrab Vakil

(Lt.Col.) and Anr V/s. B.G. Pimple & Anr.1

5.             It is contention of learned counsel for the Respondent-

Corporation that admittedly the Applicant was running canteen, it requires

‘eating house license’,     as the said canteen was providing foods to the

customers. The food supplied for consumption in the TCS premises were

for the Applicants gains and profit. Therefore, the canteen falls under the

expression under Section 3(ff) of the MMC Act and requested to reject the

Application.

6.             I have heard both learned counsel. Perused impugned order.
1    1992 Mh.L.J. 1498

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N.S.Kamble


7.           It is contention of learned counsel for the Applicant that

Applicant runs canteen for their employees and no private person was

allowed to use the said canteen. It is Respondent’s-Corporation’s case that

no evidence produced on record that the said canteen was not used for profit

or gain.

8.           Section 3(ff) of the MMC Act reads thus :

                 "eating-house" means any premises to which the Public are admitted
                 and where food is prepared or supplied for consumption on the
                 premises for profit or gain of any person owning or managing the
                 premises.

             This Section provides that eating house means where public are

admitted and consumption of food is for profit and gain.

9.           In my view, if the Corporation gives the notice under particular

sections for violation of any provisions of the Municipal Corporation Act, it

is duty of the Corporation to point out the violation. It is alleged that the

said canteen was used for access to general public and for profit or gain, the

Corporation Authority should have placed evidence in that regard on

record, but it is not placed. Mere issuance of notice is not sufficient, it is

specific case of the Applicant that, the said canteen was used for their staff

and it was situated in the premises of the TCS, Banyan Park. It was not in

public place, but these facts are not considered by the learned Magistrate

and learned Sessions Court. The learned Sessions Court has remanded the


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N.S.Kamble


matter for fresh consideration, which is perverse and I pass following order.

                                     ORDER

             (i)         The Application is allowed.

             (ii)        The issue process order passed against the Applicant

             is quashed and set aside.

                                                   (SHIVKUMAR DIGE, J.)




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