Short Answer

Yes, a society can continue with redevelopment work even if a court case arises.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to carry on its functions and duties, including redevelopment work, even if there is a court case pending. This section ensures that the society's operations are not hindered due to legal disputes. In practice, this means that the society can proceed with the redevelopment project as long as it complies with all legal requirements and regulations.

Furthermore, Rule 83 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the management of society's affairs during litigation. It states that the society can take necessary actions for the maintenance and management of its properties, which would include redevelopment activities. This rule ensures that the society can continue its essential functions despite legal challenges.

In real-world scenarios, if a court case arises related to the redevelopment project, the society can appoint a legal representative to defend its interests in court while simultaneously progressing with the redevelopment work. The society must ensure that all decisions and actions taken during this period are in compliance with the law to avoid any further legal complications.

For example, if a society is undertaking a redevelopment project and a member files a case challenging the project, the society can continue with the construction activities while the legal proceedings are ongoing. As long as the society follows the legal procedures and fulfills its obligations, it can proceed with the redevelopment work without interruption.

Another scenario could involve a dispute between the society and the developer regarding the terms of the redevelopment agreement. In such a case, the society can continue with the redevelopment work while the dispute is being resolved in court, ensuring that the project progresses as planned.

Overall, Section 63 of the Gujarat Cooperative Societies Act, 1961 and Rule 83 of the Gujarat Cooperative Societies Rules, 1965 allow societies to carry on with redevelopment work despite any court cases, as long as they adhere to legal requirements and manage their affairs responsibly.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 83 of the Gujarat Cooperative Societies Rules, 1965: Official PDF