Nishita Mhatre, J.

1. The question involved in the present appeal is whether the jurisdiction of the Civil Court is ousted when a claim for payment of money is made from a co-operative society registered under the West Bengal Cooperative Societies Act, for work done for and on behalf of the society. The appellant, a partnership firm, was appointed as the handling and transport contractor of the respondent co-operative society – West Bengal State Consumers’ Co-operative Federation Ltd. & Ors. (hereinafter referred to as ‘CONFED’). The appellant was required to lift food-grains from the godowns of the Food Corporation of India and deliver them to the godown of CONFED and thereafter to appoint retailers of ration goods. An agreement was executed between the appellant and CONFED on 27th March, 1997 which was to be valid for three years from 1st April, 1997 to 31st March, 2000. A dispute arose between the appellant and the CONFED. As the agreement was neither renewed nor were the food-grains which were stored in the plaintiffs’ godown, disposed of by CONFED. The food-grains putrified and were rendered unfit for human consumption. CONFED neither removed the rotten grain nor paid