CS(COMM) 913/2025 Page 1 of 2 $~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 913/2025 & I.A. 21265-66/2025 M/S ATLANTIS INTELLIGENCE LTD. .....Plaintiff Through: Ms. Anjali Jha Manish, Ms. Priyadarshi Manish, Mr. Paras Aneja, Ms. Madhuri Malegaonkar and Mr. Kunal Sharma, Advocates. versus M/S. DELL INTERNATIONAL SERVICES INDIA PVT. LTD. & ANR. .....Defendants Through: Mr. Debesh Panda, Mr. Pratyush Miglani, Mr. Nikhil Varma and Ms. Komal Kaushal, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 04.09.2025 1. This suit is filed on behalf of the Plaintiff seeking the following reliefs: “(a) Pass a decree for mandatory injunction directing the Defendant to take all necessary steps to restore the data contained in the six hard drives to the Plaintiff and replace the present equipment with new defect-free equipment; and/or (b) Pass a decree to the tune of Rs.1,01,00,000/ (Rupees One Crore One Lac only) in favour of the Plaintiff and against the Defendant along with interest @ 18% from 14.05.2021; (c) Pass a decree for damages on account of business loss suffered by the Plaintiff to the tune of Rs.8,41,50,910/- (Rupees Eight Crores Forty-One Lacs Fifty Thousand Nine Hundred Ten only) in favour of the Plaintiff and against the Defendant along with interest @ 18% from 14.05.2021; (d) Award pendente lite and future interest @ 24 % p.a. from the date of filing till the date of realization; (e) Award costs of the suit to the Plaintiff;” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:32:34 CS(COMM) 913/2025 Page 2 of 2 2. Mr. Debesh Panda, learned counsel for Defendant No. 1, appearing on advance copy of the suit, takes a preliminary objection to the maintainability of the suit owing to non-compliance of Section 12-A of the Commercial Courts Act, 2015 and also submits that looking at the plaint, there is no urgency for exemption from taking recourse to pre-institution mediation, since cause of action allegedly arose on 07.06.2022. 3. Learned counsel for the Plaintiff, on instructions, seeks to withdraw the suit for taking recourse to pre-institution mediation in light of the objection taken on behalf of Defendant No. 1. 4. Suit is disposed of as withdrawn granting liberty to the Plaintiff to take recourse to pre-institution mediation. Needless to state that if for any reason, mediation fails, Plaintiff will be at liberty to file a fresh suit on the same cause of action, if so advised. 5. Since the suit is withdrawn at the initial stage, Plaintiff is held entitled to refund of entire Court fees. 6. Pending applications stand disposed of. JYOTI SINGH, J SEPTEMBER 4, 2025/shivam This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:32:34