'Concept Of 24x7 Convenience Shops Popular Worldwide': Bombay High Court Permits Retail Store In Pune To Operate For 24 Hrs

While observing that the concept of '24x7' shops have become a popular one worldwide, the Bombay High Court on Tuesday permitted a convenience retail store in Pune to operate 24x7.

The petitioner, which operates the retail store–'The New Shop'–had moved the court seeking a direction to the Pune police not to coerce and force the petitioner to shut its  store and its operations after 10.00 – 11.00 p.m.

Allowing the plea in terms of the aforementioned prayer a division bench of Justices Girish Kulkarni and Advait Sethna in its order observed:

"We may observe that in the contemporary times, the concept of 24x7 shops of such nature is a popular concept worldwide. It brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours. It is also believed to boost the economy by increased consumer spending, as also by creating additional employment opportunities, which is crucial for a large country like ours, where unemployment is a major challenge...In light of the above discussion, the petition would be required to be allowed. It is accordingly allowed in terms of prayer clause (b)."

The bench noted that State while recognising such advantages and to achieve progress commensurate with the global standards, has not imposed any kind of restrictions on the timings of such stores.

Therefore, the bench, allowed the petition filed by Accelerate Productx Ventures Pvt. Ltd. owner of the brand 'The New Shop' which operates pan-India. 

The petitioner argued that it has been recognised as a 'Start - Up' by the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India (DPIIT) and a certified and registered Micro, Small and Medium Enterprises (MSME).

The petitioners cited the provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, under which it was recognised as an 'establishment or a shop.' It contended that the 2017 Act empowers the State's Industries Energy and Labour Department to regulate the timings of the shops and establishments, registered under the said Act. It was further contended that the 2017 Act does not provide any time frame for opening or closing such shops and thus, it was deemed that a convenience store runs and operates 24x7.

The judges noted that by notification issued on December 19, 2017 the State 'in public interest' specified opening and closing hours for permit rooms, beer bars, dance bars, hookah parlour, discotheques and all such other establishments where liquor and wine was served and in respect of all kinds of liquor shops, theatres and Cinema Exhibition houses. Further, the bench noted that by another notification issued on January 31, 2020, the State had excluded cinema houses and theatres from the list of establishments. timings of which were regulated by the notification of December 19, 2017.

While perusing the State's affidavit filed in response to the petition, the bench recorded, "It clearly indicates that there is no embargo on the petitioner to operate its stores 24x7 and more particularly after 10.00 – 11.00 PM."

The bench noted from the affidavit of the Pune Police, which stated that it mistook to orally order the petitioners to shut their shop by 11 PM. It cited an August 1, 2016 notification issued by Home Department of Maharashtra as a 'Directory Principle' for regulating timing of hotel establishments where food and alcohol is served. The police said since the petitioner store was serving food items, and it by mistake, thought that the same will be covered under the August 2016 notification. 

"It has been clearly stated that there was some confusion due to the petitioner also selling food items and a presumption that the embargo as applicable to the eating house may apply to the petitioner's case. However, it has been clarified, as seen from the clear statements as made in the reply affidavit, that the 24x7shop, which is conducted by the petitioner is not of the nature to which any restriction of time limits would apply," the bench recorded in the order. 

While accepting this statement, the bench permitted the store to operate 24x7.

Appearance:

Advocate Kaustubh Gidh appeared for the Petitioner. 

Assistant Government Pleader Tejas Kapre represented the State. 

Case Title: Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra (Writ Petition 1169 of 2025)

Citation: 2025 LiveLaw (Bom) 123

Click Here To Read/Download Order