13 Mr. Bharucha, counsel for defendant no.1 stated that there is one unencumbered property which is declared as a slum which can be given as security for plaintiff's claim. The said property is Plot No.28, Survey No.161, Laxmi Industrial Estate, Bhagat Singh Road No.1, Link Road, Goregaon (West), Mumbai (security property). Certainly this property will also have to be attached pending defendants jointly or severally depositing Rs.4,25,00,000/-. I am still insisting on depositing because noting the conduct of defendant nos.2 and 3 as recorded earlier, it is difficult for the Court to even believe that the security property will really be unencumbered. Secondly, the plot has been encroached upon and declared slum itself shows that this property comes with its own share of headache. Mr. Bharucha submitted that any developer, who is interested in SRA project, would be inclined to take over this property. Plaintiff is not a developer. Plaintiff is a flat purchaser and therefore, it was put across to Mr. Bharucha that defendants may find a buyer for the said property and then pay off the claim of plaintiff or deposit Rs.4,25,00,000/- in Court. Mr. Bharucha, on instructions stated that was not possible. Mr. Bharucha also stated all assets and accounts of defendant no.1 was attached or frozen. Then where does defendant no.1 get an unencumbered property is a mystery. No submissions were made on behalf of defendant no.2. Therefore, it is rather obvious that defendants will go to any extent to defeat plaintiff's admitted claim. The balance of convenience is also in plaintiffs favour.
