M/S. PROPROGRSSIVESURFACE SYSTEMS PVT LTDversusTHE STATE OF MAHARASHTRA THR PRIN. SEC. AND ANR

                                                                          908-WP-13158-2026 (C) .odt

       Ashwini

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 13158 OF 2026


                   M/s. Progressive Surface Systems Pvt. Ltd.
                   Through its Authorised Person
                   Krishnakant Balaram Parab                             ...Petitioner

                           Versus

                   The State Of Maharashtra
                   Thr. Hon’ble Minister for Food and Drugs
                   Administration Dept. And Anr.                         ...Respondents
                                                       ...
                   Mr. Rahul Madan More a/w Sumedh S. Gaikwad for the
                   Petitioner.
                   Mrs. Neha S. Bhide, GP a/w Mr. B.V. Samant, Addl. GP and
                   Mr. M.M. Pabale, AGP for the Respondent Nos.1 and 2.
                                                      ...

                                CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                        ADVAIT M. SETHNA, J.

                                DATE     : 7th OCTOBER, 2026.
ASHWINI
PRASAD
NARHIRE


Digitally signed
by ASHWINI
PRASAD
                   P.C.:
NARHIRE
Date:
2026.10.09
14:23:09
+0530
                   1.      Heard learned counsel for the parties.


                   2.      The instant Writ Petition is preferred, inter alia, for the

                   following substantive relief:-

                        “Be pleased to issue writ of mandamus or writ in the nature of
                        mandamus directing the Respondent No. 1herein to decide the
                        Appeal and / or Stay application as well as ad-interim prayer



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     in stay Application filed u/r. 8 of Maharashtra Poison Rules,
     1972 challenging the Judgment order dated 09/07/2026
     passed by Ld. The Assistant Commissioner, Food and Drugs
     Administration Maharashtra, Palghar Zone-1 bearing Order
     No.   PARWANE-RADDA/200-2026/PALHAR/ZONE-1                  have
     been cancelled under the provisions of the Poison Act, 1919
     with Maharashtra Poison Rules, 1972, which is pending before
     the Hon'ble Minister Food and Drug Administration, State of
     Maharashtra,   Mantralaya   Mumbai     in   time   bound     and
     expeditious manner or within such a period as this Hon'ble
     High Court may deem fit and proper.”

3.   At the outset, learned counsel for the Petitioner submits that

the Assistant Commissioner, Food and Drugs Administration,

Maharashtra, Palghar Zone-1, had passed an Order dated 9 th July

2026 (Order No. PARWANE-RADDA/ 200-2026/ PALGHAR/ZONE-

1), whereby License No. POI-200832 was cancelled under the

provisions of the Poisons Act, 1919 read with the Maharashtra

Poisons Rules, 1972 with effect from 8 th October 2026. The

Petitioner has preferred a statutory Appeal under Rule 8 of

Maharashtra Poison Rules, 1972 challenging the Order dated 9 th

July 2026 (supra) which is pending before the Hon’ble Minister,

Food and Drugs Administration, State of Maharashtra, Mantralaya,

Mumbai, (Exhibit ‘E’).

4.   In the above backdrop, learned counsel for the Petitioner

submits that the License cancellation Order dated 9 th July 2026




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(supra) is said to take effect from 8 th October 2026. However, no

formal number/listing has been assigned to the statutory Appeal or

Stay Application until date. In case no ad-interim protection is

accorded, the Petitioner shall suffer irreparable loss and injury,

jeopardising the livelihood of nearly 150 employees.

5.   In support of his contention, learned Counsel for the

Petitioner places reliance upon the judgment of a coordinate Bench

of this Court dated 10th January 2024 passed in Writ Petition No.

305 of 2024 (M/s. Apna Chemist v. Assistant Commissioner

(Zone-3) & Anr.) along with connected writ petitions, wherein

interim protection was accorded till disposal of such statutory

Appeal/Stay Application. He prays that similar indulgence be

extended in favour of the Petitioner.

6.   Per contra, learned Government Pleader resists the relief and

submits that as the Petitioner has already availed the statutory

forum, and till date no such serious effort has been made for

expediting the proceedings by him. At the threshold, the Petitioner

is now trying to get some relief from this Court in parallel

proceedings. However, she submits a time bound scheme may be

provided for expediting hearing/disposal the Appeal in question.

7.   Having heard learned counsel for the parties and perusing the

record, we find that under similar facts and circumstances, a


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coordinate Bench of this Court in M/s. Apna Chemist (supra)

accorded interim relief while expediting the statutory remedy. We

are in respectful agreement with the view taken therein.

8.     Accordingly, in view of the decision in M/s. Apna Chemist

(supra), interest of justice would be served by disposing of this Writ

Petition with the following directions:-

     (i)       The Appellate Authority (Hon'ble Minister, Food and

     Drugs Administration, State of Maharashtra) to decide the

     pending      Stay   Application/Appeal    on   its   own      merits,      in

     accordance with law, as expeditiously as possible, preferably

     within a period of six weeks from the date of production of an

     authenticated copy of this order by the Petitioner before the

     said Authority.

     (ii)      It is clarified that until the Appeals/Stay Applications, if

     any, are decided, the Orders suspending Petitioners Licenses

     which are subject matter in such proceedings shall remain

     stayed.

     (iii)     Needless to observe that in the event the Petitioners fail

     in their Appeal, certainly it would be within the powers and

     Authority of the Appellate Authority to modify the period of

     suspension and impose a future period of suspension on the

     Petitioners, the facts and circumstances so warrant.


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9.    We clarify that we have not adverted to the merits of the

present case.

10.   Writ Petition is Disposed Of in the above terms.




[ADVAIT M. SETHNA, J.]                          [CHIEF JUSTICE]




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