Prakash Tatia, J.-Brief facts of the case are that the plaintiff filed suit for permanent injunction with a prayer that the property described in the advertisement issued by IOC published in daily newspaper Bhaskar dated 18.02.2004 offering retail outlet shown at Item No. 148 Bhagat Ki Kothi, Jodhpur should not be and cannot be identified with the petrol pump which was allotted to the plaintiff by IOC on 27.02.2004 and in pursuance of which, the plaintiff has already started to run the petrol pump after getting license from the District Supply Officer, Jodhpur. It is submitted that the retail outlet at Bhagat Ki Kothi is proposed on the Pali- Bhagat Ki Kothi road whereas the plaintiffs petrol pump is situated at Jodhpur City - Salawas road.

2. According to the appellant-plaintiff , the plaintiff was invited by the respondent- IOC itself to help IOC in the matter of obtaining NOC for IOC from the District Collector, Jodhpur which they could not get despite the fact that they submitted application on 30.05.2002 seeking No Objection Certificate for installing the petrol pump. The plaintiff agreed and helped IOC in getting the NOC from the learned District Collector, Jodhpur a