The Bombay high court on Friday rejected the plea of hotels and restaurants across the state seeking permission to play orchestra in their establishments on December 31 night until 5 am on the New Year day.
A division bench of Justice M L Tahaliyani and Justice Girish Godbole, however, allowed the hotels and restaurants to serve food and liquor in their respective establishments till 5 am on the day.
Indian Hotel and Restaurant Association (AHAR) had filed the petition, saying a state government circular of December 20 had extended the timings to serve liquor and food in hotels from 1.30 am to 5 am on January 1, 2012 because of New Year celebrations. However, orchestra was allowed only till 1.30 am.
AHAR pleaded that even playing of orchestra should be allowed till 5 am, to which the High Court said regulating the timings of restaurants and hotels was the prerogative of the government and they would not interfere with its decision.
AHAR pointed that hotel Sant Punjab in suburban Chembur was given a written permission by an assistant commissioner of police to serve food, liquor and play orchestra till 5 am.
However, assistant government pleader J S Saluja said police would withdraw permission granted to this hotel as this had been given by mistake.
AHAR then produced an invitation of a hotel which had offered unlimited drinks to the invitees at the New Year celebrations on December 31. "It said unlimited drinks means unlimited hours of time".
However, Justice Tahaliyani observed in lighter vein, "It means unlimited drinks within limited time".
