NAGPUR: In a big relief to food chains and restaurants, the Nagpur bench of Bombay high court on Thursday allowed them to use plastic containers for delivering products to the consumers.

The HC, however, imposed a condition that the containers should be of 300 microns or above in thickness and should be taken back, if the customers desires so.

A division bench of Justice Bhushan Dharmadhikari and Justice Zaka Haq also restrained Nagpur Municipal Corporation (NMC) from taking any coercive action against the petitioners till further orders.

The petitioners — Soham Industries and others — through senior counsel MG Bhangde and RM Bhangde, had challenged the NMC’s action against use of plastic containers for delivering food items. The petition also challenged complete ban on use of plastic.

The petitioners contended they are being penalized for use of plastic containers/trays which are of above 300 microns and are recyclable and re-usable. They also pointed out that products made from polypropylene (PP), which is also used by large manufacturing units, were granted concession to use plastic for packaging goods at manufacturing stage.

State environment department, Maharashtra Pollution Control Board (MPCB), NMC and Union ministry of environment, forests and climate change are the respondents in the case. They were issued notices by the court asking them to reply by August 31.