[Civil Appeal No. 7796 OF 1997]. The appellant No. 1 is a company incorporated under the Companies Act, 1956 for the purpose of setting up a 235 MW Gas based power project at Jegurupadu, Rajahmundry, Andhra Pradesh at an estimated cost of Rs.839 crores and the appellant No. 2 is a director of the company. The main object of the appellant company is to generate and sell electricity. With the intention to utilize the expert services of qualified and experienced professionals who could prepare a scheme for raising the required finance and tie up the required loan, it sought services of a consultant and eventually entered into an agreement with ABB - Projects & Trade Finance International Ltd., Zurich, Switzerland, (hereinafter referred to as "Non-Resident Company/NRC"). The NRC, having regard to the requirements of the appellant-company offered its services as financial advisor to its project from July 08, 1993.
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