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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ
Accelerate Productx Ventures Pvt. Ltd. – Appellant
Versus
State Of Maharashtra, Through Secretary–industries Energy And Labour Department. – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. Rule, made returnable forthwith. Learned AGP for the respondents waives service. By consent of the parties, heard finally.
2. A new concept of 24 x 7 shopping for daily needs introduced by the petitioner under its brand “The New Shop” situated at Hadapsar, Pune, being illegally hindered by the police is the grievance of the petitioner.
3. The petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India has prayed for the following substantive reliefs:
“b) This Hon’ble Court be pleased to issue writ in the nature of mandamus directing Respondent no. 2 and 3 not to coerce and force the petitioner to shut its convenience store namely “the New Shop” situated at Shop no. 7, Kumar Prism, Mundhwa Road, Opposite Maruti Showroom, Amanora Park Town, Hadapsar, Pune, Maharashtra – 411 028 and its operations after 10.00 – 11.00 p.m.”
4. The petitioner is inter alia engaged in the business of operating, franchising and licensing Pan India, a highly specialized network of 24x7 convenience retail stores under the said brand name “The New Shop” is stated to be catering to the common needs, of the public at large. It is the petitioner’s
The police cannot impose restrictions on the operating hours of convenience stores, which are permitted to operate 24x7 under the Maharashtra Shops and Establishments Act, 2017.
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