Bombay High Court Upholds 24x7 Retail Store Operation in Pune
In a significant ruling, the Bombay High Court has allowed a retail store in Pune to operate 24x7, emphasizing that round-the-clock convenience stores are a globally recognized concept that enhances consumer ease and economic growth. The court observed that modern lifestyles, particularly for those with non-standard working hours, necessitate the availability of such establishments.
The petition was filed by Accelerate Productx Ventures Pvt. Ltd., which operates under the brand name The New Shop. The company sought judicial intervention to prevent coercion from local police, who had been forcing the store to shut down between 10:00 – 11:00 PM. A division bench of Justices Girish Kulkarni and Advait Sethna ruled in favor of the petitioner, asserting:
“We may observe that in contemporary times, the concept of 24x7 shops of such nature is a popular concept worldwide. It brings convenience, ease, and flexibility to consumers to make purchases, particularly for individuals with non-standard working hours. It is also believed to boost the economy by increasing consumer spending and 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).”
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The High Court pointed out that the State of Maharashtra, while aiming for economic progress in line with global standards, has not imposed any restrictions on the operational hours of convenience stores. The petitioner's argument was supported by legal provisions under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. The Act grants authority to the State's Industries, Energy, and Labour Department to regulate shop timings, but does not mandate specific closing hours. This allowed the petitioner to claim that 24x7 operation is legally permissible.
The court further noted previous notifications issued by the State Government. A December 19, 2017 notification restricted operating hours for permit rooms, beer bars, dance bars, hookah parlors, discotheques, and liquor-serving establishments. Another notification on January 31, 2020, excluded cinema houses and theatres from these restrictions. However, convenience stores were never included in these regulations.
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The court examined an affidavit submitted by the Pune Police, which admitted to mistakenly instructing the petitioner to shut down operations by 11:00 PM. The police cited a Home Department notification from August 1, 2016, which was meant to regulate the operating hours of hotels and eateries serving food and alcohol. Since the retail store sold food items, authorities mistakenly assumed the same restrictions applied. However, the High Court clarified:
“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 made in the reply affidavit, that the 24x7 shop conducted by the petitioner is not of the nature to which any restriction of time limits would apply.”
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With this clarification, the Bombay High Court granted permission for the retail store to operate without any time restrictions
This ruling sets an important precedent for businesses operating in Maharashtra, reinforcing the legal framework that supports 24x7 retail operations. The court's recognition of economic benefits, job creation, and consumer convenience aligns with global retail trends, further solidifying the rights of businesses under the 2017 Act.
Legal Representation
- Advocate Kaustubh Gidh represented the petitioner.
- Assistant Government Pleader Tejas Kapre represented the State.
Case Details
- Case Title: Accelerate Productx Ventures Pvt. Ltd. vs. State of Maharashtra
- Writ Petition Number: 1169 of 2025
