[1] This is yet another case where lack of diligence in pursuing a rightful claim in a timeous manner had resulted in the claim being dismissed by the trial court on the ground of limitation, which decision was affirmed by the court of Appeal.

[2] The appellant's case is based on a breach of contract. By a supply contract ('the contract') dated 6 June 2001 Tenaga Nasional Berhad ('the appellant') agreed to supply electricity to Pearl Island Resort Development Sdn Bhd ('the respondent') at its premises at Lot 8134, Jalan Relau, Bayan Lepas, Pulau Pinang, upon the terms and conditions as provided therein. The said premises is a club house with a golf course owned by the respondent.

[3] The respondent had defaulted in payment of its monthly electricity bills. As at 10 June 2005, the arrears of electricity bills due to the appellant was RM463,334.08. The respondent admitted the amount due to the appellant and agreed to settle the sum in ten monthly instalments.

[4] So on the same date, the respondent entered into a Settlement Agreement with the appellant to pay the arrears due to the appellant in ten monthly instalments by way of post-dated cheques, according to the Schedule of Payment wh