SOUMEN SEN,J. - (1.) Although the award-holder was aware that the award-debtors have no property within the jurisdiction of this Court, this execution application has been filed in this court in respect of three properties which are admittedly outside the jurisdiction of this Court. In fact, the award-holder is a mortgagor and in this application the award-holder wants to enforce such mortgage. The property is situated at Bosepukur, 24 Parganas (South).
(2.) Mr. Mainak Bose, learned Counsel representing the award-debtor submits that his client is agreeable to have this property sold by this Court and will not raise any objection with regard to the territorial jurisdiction of this Court over the property in question.
(3.) Under such circumstances, the receiver shall take immediate possession of premises no.57/1, Bosepukur Road, particulars whereof are mentioned at page 70 of the application with a direction to put up the said property for sale by public auction after making a valuation thereof. The receiver shall appoint a valuer preferably from the panel of valuers maintained by this Court within a week from date. The award-debtor shall disclose any existing encumbrances over and in respect of the said property to the receiver within one week from date. The receiver shall finalize the terms and conditions of sale in consultation with the parties and mention the reserve price which shall not be less than 20% of the valuation to be made by the receiver. It is made clear that the receiver shall not accept any offer unless it is accompanied by 20% of the bid amount. The sale notice shall be published once in 'Bartaman' and once in 'The Times of India' and once in 'Dainik Viswamitra' on or before 13th August, 2018. The prospective purchaser may be allowed inspection of the premises in question upon notice to the receiver.;