SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for recovery/damages against the defendants. The plaintiff claims to be a reputed company having experience in assisting foreign companies worldwide for image building, public relations, marketing information, etc. in the power industry. Defendant No. 1 is engaged in the business of manufacturing and supplying power and plant equipments and services. It is alleged that BHEL is the main competitor of defendant No. 1 and in order to effectively face competition from BHEL defendant No. 1 was desirous of forming a joint Venture with another public sector company, NTPC.

( 2 ) DEFENDANT No. 1 is stated to have approached the plaintiff for availing of its liaison services to ultimately have a Joint Venture of defendant No. 1 with NTPC and towards this object an agreement was arrived at on 15. 7. 1998. Defendant no. 1 agreed to pay the plaintiff a total consideration of Rs. 20. 00 lakh as upfront service charges on entering into a suitable arrangement with NTPC and a further sum of Rs. 5. 00 crore upon the projects being awarded to defendant No. 1 or the proposed Joint Venture.

( 3 ) IT is the case of the plaintiff that as a re