from the addressee, then, unless the information or acknowledgement of receipt
of such an electronic record has been so received from addressee, the electronic
record shall not be deemed to have been transmitted by the originator.
(4)
Where the originator has not stipulated that the electronic record
shall be binding only on receipt of such acknowledgement, and where the
originator and addressee have not agreed upon or have not specified any time
for acknowledgement of such receipt of electronic record, then, the originator
shall have to receive such acknowledgement of receipt of such an electronic
record from addressee within a specified time as prescribed. If such
acknowledgement of receipt is not received from addressee, then, such an
electronic record shall be deemed to have not been transmitted by the
originator.
(5)
Other procedures of receipt of acknowledgement of electronic
record shall be as prescribed.
12.
Time and Place of Dispatch and Receipt of Electronic Record: (1)
Save as otherwise agreed between the originator and the addressee, the dispatch
of an electronic record occurs when it enters into an information system outside
the control of the originator.
(2)
Save as otherwise agreed between the originator and the
addressee, the time of receipt of an electronic record shall be determined as
prescribed.
(3)
Save as otherwise agreed between the originator and the
addressee, an electronic record shall be deemed to have been dispatched from
the place where the originator has his/her place of business and shall be
deemed to have been received at the place where the addressee has his/her
place of business.
Explanation: For the purpose of this Sub-section "the place of business"
means:
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