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38. Para 10 of the NIT explains the process of the bidding system, which has already been elaborated in para 5 hereinabove. Para 18 relates to the submission of bids. For the purpose of this petition, Para 18.1.1 and 18.1.4 are relevant and are reproduced hereinbelow for ready reference:-

"18.1.1 The bid along with all appendices and copies of documents should be submitted in eform only through ONGC‟s e-Procurement System duly digitally signed by authorized representative of the bidding company. Power of attorney for the signatory, issued by the biding company should be submitted along with other documents in physical form. However, the documents as mentioned at para 10.0 should necessarily be submitted in physical form in sealed envelope superscribed as "Physical documents against eprocurement Tender Number ......., opened on .........", To be opened by only Tender Opening Officers at 1500 Hrs, on..........." [As indicated in "Invitation to Bid", the documents should reach to the purchaser‟s office before 1400 Hrs. of the 7 th calendar day after opening of bids submitted through the e-bidding portal. Hence, bidder should indicate the date falling on 7th calendar day after opening of bids submitted through the e-bidding portal]."

56. The joint report of the FSL dated 12.04.2018, clearly states that on 05.02.2018, eight documents were uploaded by the petitioner between 13:47:33 hrs. to 13:58:43 hrs. on the e-portal of the ONGC and this sequence of events is duly reflected on its framework that shows a common time of 13:58:56 hours in respect of all the said documents. Therefore, the steps contemplated in Sections 13(1) and (2)(a)(i) of the Act stood concluded on the electronic record of the petitioner (originator) entering the server of the respondent No.1/ONGC (addressee) at 13:58:56 hours. On expiry of 64 seconds reckoned from 13:58:56 hours, i.e., on the system time displaying 14:00:00 hours on the e-procurement webpage of the ONGC, the eight documents in question, which the petitioner states relate to its Price Bid, were outside its control, having travelled electronically into the area demarcated for the respondent No.1/ONGC in its server. Once the said electronic data that is still available and lying encrypted, is directed to be decrypted by the respondent No.1/ONGC and retrieved, then the petitioner‟s bid will be available for being considered alongwith the other bidders.