The Bombay High Court recently ruled that there are no legal restrictions preventing convenience stores from operating 24/7.
A division Bench comprising Justices GS Kulkarni and Advait M Sethna observed that such stores, which are widely popular across the globe, cater to consumers with irregular working hours while also contributing to economic growth.
“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, especially those 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. Recognizing such advantages and to align with global standards, no restrictions have been imposed by the State on the timings of such stores,” the Court noted.
The Bombay High Court allowed Pune-based convenience store The New Shop to operate 24/7, ruling that no legal restrictions prevent such stores from functioning round the clock.
The decision came after local police arbitrarily imposed a closing time of 10:00–11:00 pm, despite the absence of any law mandating such restrictions. The New Shop, run by Accelerate Productx Ventures Pvt. Ltd, had been operating as a 24/7 convenience store in Hadapsar under the Maharashtra Shops and Establishments Act, 2017.
The petitioner argued that despite proper registration and compliance with all regulations, the Hadapsar Police Station enforced an unwarranted restriction on its operating hours. It was contended that the Maharashtra Shops and Establishments Act, 2017, does not impose time limitations on convenience stores, unlike certain businesses such as bars, permit rooms, hookah parlours, liquor stores, cinemas, and theatres.
Additionally, an RTI response from State authorities confirmed that no special permission was required from the police to operate a 24/7 store. The police later admitted that they had mistakenly applied rules meant for food and alcohol-serving establishments, citing confusion over the fact that The New Shop also sold food items.
The Court clarified that the police had misinterpreted the law, emphasizing that the store was not subject to the same restrictions as eateries or liquor-serving establishments. It concluded that there was no legal basis for limiting the store’s operating hours and reaffirmed that convenience stores are not bound by the same time restrictions as other businesses.
In light of this, the Court upheld The New Shop's right to operate 24/7, reaffirming that businesses complying with the applicable laws should not face arbitrary restrictions on their operating hours.
Advocate Kaustubh Gidh appeared for The New Shop.
Additional Government Pleader Tejas Kapre appeared for the State.
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