( 1 ) BOTH the writ appeals are directed against the same order of the learned single Judge dated 8-11-2000 in W. P. No. 5234 of 1998. The appellant in Writ Appeal No. 7537/00 is the Syndicate Bank, whereas in Writ Appeal No. 32/01, the appellant is one Wilfred D'souza. Sri Wilfred D'souza was the petitioner and the Syndicate Bank was the respondent in the writ petition. By the order impugned in these writ petitions, the learned single Judge has allowed the writ petition and quashed the impugned communication of the Syndicate Bank dated 7-1-1998.

( 2 ) THE background facts leading to filing of these writ appeals be noted briefly as under :- 3. The writ petitioner is the Managing Director of the Company called M/s. Souza and Lewis Fisheries India (Pvt.) Ltd. , having its registered office at Hampanakatta, Mangalore. The said company borrowed huge amounts from the Consortium Bank comprising of Syndicate Bank, Canara Bank and Vijaya Bank. The Syndicate Bank is a member of the consortium Bank and lead Bank. The writ petitioner has furnished the bank guarantee to an extent of Rs. 170 lakhs along with the interest by Deed of Guarantee dated 12-4-1988 the true copy of which is p