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‘A’ is the agent of ‘P’, who resides in Chandigarh and ‘b’ handles one brach of P’s business in Mumbai. ‘P’ has a business of collecting antique items and selling them to interested buyers. For the same, ‘A’ is required to hold periodical auctions of valuable antique items in Mumbai. One such auction was held on 2.3.08. Around 15 items were sold for a collective price of $ 25 lakhs. The said amount was less than the normal recovery which is to be expected in auction. ‘P enquires regarding the same from ‘a’ over the telephone but does not receive any satisfactory answer. Due to his hectic schedule, ‘P’ is unable to visit Mumbai for the next two years. he visits Mumbai on 20.03.2010. Upon reaching there, he makes extensive enquiry about the said transaction and finds out that ‘A’ had failed to give adequate notice to the public of the auction. The notice was given just 1 day before the auction and that too in a newspaper with limited circulation. Thus, goods which would have fetched around $ 75 lakh were sold for only $ 25 lakh for lack of competitive bidding. On his way back on 21.03.2010 he meets with an accident. He slips into a come. He comes out of the coma on 10.06.2012. On 20.5.2013 he files a suit against ‘a’ for claiming damages for his losses. ‘A’ contends that the suit is barred by limitation as the limitation expires in 2011. ‘P’ contends that the period between 21.03.2010 and 10.06.2012 should be excluded in the computation of the limitation period. Adjudicate upon these contentions. (15 Marks)
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