Sabhahit, J.

These writ appeals are filed by the petitioner in W.P.No.11374/2008 being aggrieved by the order dated 25.8.2008 wherein the learned Single Judge has dismissed the writ petition filed by the petitioner.

2. The appellant herein filed W.P.No.11374/2008 seeking for quashing of the notice of sale by inviting tender dated 22.7.2008 issued by the respondent as being bad, illegal and arbitrary and for quashing the communication dated 26.5.2008 of respondent forfeiting the petitioner's advance payment of Rs.45,25,000/-equivalent to 25% of the petitioner's bid price and for a direction to the respondent to take vacant possession of the immovable property and possession of the movable properties in accordance with the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called 'the Act') and the provisions of the Security Interest (Enforcement) Rules, 2002 and to deliver vacant possession of movable and immovable properties by accepting the balance payment.

3. It is averred in the writ petition that respondent is a creditor within the meaning of Section 2(1)(zd) of the Act. On 20.1.2008 the