Arun Bhansali, J. - (1.) This appeal is directed against the order dated 13.10.2017 passed by the First Appellate Court, whereby, the prayer made by the appellants for grant of ad interim injunction has been rejected.
(2.) The appellants filed a suit for declaration and permanent injunction in the Court of Civil Judge, Kotdi, District Bhilwara, seeking a declaration regarding the validity of No Objection Certificate dated 23.2.2016 issued by the District Magistrate, Bhilwara under the Petroleum Act, 1934 and seeking injunction against the defendants from setting up retail outlet at the location for which the NOC was granted.
(3.) In the suit an application under Order VII Rule 11 CPC was filed by defendant No.1, inter alia, claiming that the suit as 'barred by law' in view of provisions of Section 56 of the Petroleum and Natural Gas Regulatory Board Act, 2006 and Rule 154 of the Petroleum Rules, 2002, besides raising objections about the maintainability of the suit as barred by res judicata and that the issue raised was not covered under provisions of Section 91 CPC as no Public Nuisance was involved.;