Neutral Citation No. - 2025:AHC:111345-DB Court No. - 3 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 7 of 2025 Applicant :- Regional Manager Lic Regional Office Kanpur And Another Opposite Party :- Santosh Kumar Counsel for Applicant :- Shruti Malviya Counsel for Opposite Party :- Hari Bans Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. Civil Misc. Delay Condonation Application No.1 of 2025 1. Heard learned counsel for the parties. 2. We have perused the affidavit accompanying the delay condonation application and find that sufficient cause has been made out for condoning the delay in filing the present review application. Accordingly, the delay in filing the review application is condoned. 3. The delay condonation application is allowed. 4. Let the review application be registered and regular number be assigned. Review Application 5. The present review application has been filed by the review applicant/respondent Life Insurance Corporation (hereinafter referred to as the "LIC") against the judgement dated April 29, 2025 passed in Writ-C No.21818 of 2023 wherein the order impugned therein was set aside and the LIC was directed to make payment of the insured sum in accordance with the law to the petitioner within a period of six weeks from date. 6. Ms. Shruti Malviya, learned counsel appearing on behalf of the review applicant submits that the statement of fact that has been recorded by this Court at para 17 of the judgment is not correct. She submits that the premium collected by the insurer was returned to the insured within six days of repudiation of the contract on the ground of mis-statement. She further submits that this particular fact was neither raised at the time of writ petition nor, unfortunately, was addressed by the respondents in its counter affidavit. 7. Upon perusal of the documents filed in the review application, we find that premium was returned by the insurer on March 29, 2021 having repudiated the contract on March 23, 2021. 8. However, even if one were to review the judgment passed by this Court with regard to the factual change, upon perusal of the conclusion in the judgment starting from para 25 onward, it is clear that the ratio laid down in the judgment would not change as the insurance corporation has accepted the premium and issued a policy bond and by doing so had waived his right to repudiate the policy on the ground of suppression or non disclosure of material facts (as laid down in catena of Supreme Court judgments referred to in the impugned judgment). 9. In light of the same, we feel that only clarification required to be issued at this stage is with regard to the premium amount that has been refunded to the insured. The LIC is directed to make payment of the insured sum after deducting the sum that has already been paid to the insured within a period of six weeks from date. We make it clear that no delay would be allowed as the impugned judgment has been passed on April 29, 2025 and almost three months have already passed since then. 10. With the above directions, the review application is disposed of. Order Date :- 11.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad