- 1 - HC-KAR CNR: KAHC010345292026 NC: 2026:KHC:37088-DB WA No. 1441 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1441 OF 2026 (GM-TEN) BETWEEN: 1. MANGALURU ELECTRICITY SUPPLY COMPANY LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING) A COMPANY REGISTERED UNDER THE COMPANIES ACT CORPORATE OFFICE MESCOM BHAVAN 2ND FLOOR, BEJAI MANGALURU - 575 004 REPRESENTED BY MANAGING DIRECTOR 2. THE SUPERINTENDING ENGINEER ELECTRICAL (PROJECTS) CORPORATE OFFICE MESCOM MESCOM BHAVANA 2ND FLOOR BEJAI MANGALURU - 575 004 …APPELLANTS (BY SRI UDAYA HOLLA, SENIOR ADVOCATE ALONG WITH SRI AJAY PRABHU M, ADVOCATE) AND: 1. M/S RAJA ELECTRICALS THE PROPRIETARY CONCERN REPRESENTED BY PROPRIETOR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010345292026 NC: 2026:KHC:37088-DB WA No. 1441 of 2026 GANGARAJU K OFFICE AT KUSHI NILAYA 14TH CROSS, SIT EXTENSION TUMKURU - 572 103 …RESPONDENT (BY SRI KALYAN R, ADVOCATE & SRI ANAND R V, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT WRIT APPEAL AND SET ASIDE THE INTERIM ORDER DATED 25.02.2026 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 6433/2026 AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application – I.A. No.1/2026, the same is allowed. The delay of 54 days in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an interim order dated 25.02.2026 passed by the learned Single Judge in Writ Petition No.6433/2026 (GM-TEN). The respondent had filed the said writ petition, inter alia, praying as under: - 3 - HC-KAR CNR: KAHC010345292026 NC: 2026:KHC:37088-DB WA No. 1441 of 2026 a) To issue a writ of Certiorari or any other writ or direction and to quash the impugned tender notification bearing No.bearing bid enquiry NO.MESCOM/2025-26/EL/WORK_INDENT398, and corrigendum bearing bid enquiry No.MESCOM/2025- 26/EL/WORK_INDENT398, only in so far as prescribing pre-bid qualifying requirements "Minimum quantity in any DISCOM/Power utilities/SCB's/ Government Entities in Karnataka" and consequently to quash the corrigendum issued by the respondent No.2 as per Annexure A and A-1 to the writ Petition. b) To issue a writ of Mandamus or any other writ or direction by directing the respondents to proceed further in prescribing tender condition in compliance with the law laid down by the Apex Court in the case of "Vinishma Technologies Pvt Ltd vs State of Chhattisgarh." 3. The respondent was aggrieved by the restrictive eligibility clause contained in the tender notification that confined the qualifying experience to the supplies made to any DISCOM, power utilities, State Electricity Boards or government entities in the Karnataka State only. It was the respondent's case that the experience of supplies made by entities outside the State, also ought not to be excluded. According to the respondent, the said restrictive clause is manifestly arbitrary. 4. The learned Single Judge has, prima facie accepted the contention and, accordingly, issued an ad interim order directing - 4 - HC-KAR CNR: KAHC010345292026 NC: 2026:KHC:37088-DB WA No. 1441 of 2026 the appellants to evaluate all bids received pursuant to the tender notification, but defer issuing the work order based on such evaluation till the next date of hearing. 5. This Court is informed that pursuant to the said order, all bids, including that of the respondent were evaluated and it was found that the respondent was technically disqualified for the reason other than the work experience in Karnataka as the respondent did not satisfy the technical evaluation. 6. In view of the above, we find no impediment in the appellants proceeding to issue the work orders as in any event, the respondent has been technically disqualified on the evaluation of the bids. The impugned order is, accordingly, modified to vacate the injunction restraining the appellants from issuing work orders pursuant to the tender notification dated 06.02.2026. 7. We also clarify that all rights and contentions of the parties are reserved. - 5 - HC-KAR CNR: KAHC010345292026 NC: 2026:KHC:37088-DB WA No. 1441 of 2026 8. The appeal is disposed of in the aforesaid terms. 9. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 26