( 1 ) THE appellant had filed Special Civil Suit No. 16 of 1971 for recovering Rs. 1,89,630-93 from the respondents contending that the plaintiff Co-operative Society was producing salt and was selling it. The defendants had agreed to purchase the salt from the plaintiff on 7-4-1964 at the rate agreed between the parties. As there was breach of contract between the parties and also the defendants were not paying the remaining price of the goods, the plaintiff had filed the aforesaid suit for recovery of the amount as stated in the plaint.

( 2 ) IN the plaint itself the plaintiff has averred that previously they were bona fide prosecuting proceeding before the Board of Nominees under the Gujarat Co-operative Societies Act, 1961. Before the Registrar they had filed Levadi Suit No. A. B. N. 194 of 1965 on 17-1-1965 for this very purpose. Finally the said proceedings were terminated by the judgment of the Gujarat High Court on 29th September 1970 wherein it was held that the dispute being between a Cooperative Society and a third party, the provision giving exclusive jurisdiction to the authority constituted under the Act is not applicable and the authority has no jurisdiction