Karnataka High Court

WA/1441/2026 of MANGALURU ELECTRICITY SUPPLY COMPANY LIMITED Vs M/S RAJA ELECTRICALS on 20 July 2026

Cites 0, Cited by 0

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.

HC-KAR

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

HC-KAR

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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:

HC-KAR

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

HC-KAR

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.

HC-KAR

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead