The city police withdrew its notice to Hotel Empire asking it to close by 11.30, after the matter came up before the High Court.

The restaurant chain can now remain open beyond that deadline without "police interference". The police had issued a notice on April 8 warning them not to run their business beyond 11.30 pm.

The management approached the high court saying the police had no power to issue such a notification under the Shops and Establishments Act (1961). Empire submitted that only the state government has the authority to fix the opening and closing time.

Since the state government has not issued any notification on deadlines, the police notice is void, the hotel said. Advocate Younous Ali Khan submitted that the hotel neither supplied alcohol nor allowed its clients to drink. Even smoking is banned inside the premises, he said.

The hotel serves IT and BT employees who work late in the night. It has been running for 15 years. The act of closing down the hotel invades the fundamental rights of the petitioner guaranteed Article 19 of the
constitution, the petition contended.

The city police informed the court that they have withdrawn the notification.