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Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 10 & 9---Contract Act (IX of 1872) S.65---Procedure of Banking Court---Obligation of person who has received advantage under void agreement or contract that becomes void---Scope---Application for leave to defend of defendant was dismissed and suit for recovery was decreed----Contention of the appellant was that he had earlier obtained a business finance facility, which was fully adjusted against a home loan, and nothing was payable against said business finance facility as he obtained a loan-exit form; however, the suit was decreed against liability of the appellant in relation to both the business finance facility and the home loan---Validity---Appellant had admittedly availed the business finance facility which was adjusted against new facility in nature of a home loan, however, there was no denying of the fact that the appellant kept utilizing the previous facility by withdrawing different amounts from the account therefore adjustment of previous facility would not discharge the liability of the appellant---Subsequent facility of home loan also remained outstanding and not even a single debit or credit entry in the statement was rebutted by the appellant---Section 9(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 no where stated that in case ancillary requirements were not met, the borrower was absolved from fulfilling the mandatory requirement of S.10(3) of the Ordinance---Section 65 of the Contract Act, 1872 protected the respondent Bank from wrongful advantage taken by any person (of the bank's negligence) and such person was bound to restore the same in its entirety---No illegality existed in the impugned order---Appeal was dismissed, in circumstances. JUDGMENT SHOAIB SAEED, J.---This Regular First Appeal under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 is directed against the judgment and decree dated 10-1-2012 passed by the Judge Banking Court-II, Lahore. 2. Brief facts of the case are that appellant/defendant requested for a finance facility known as Businessline on markup basis from respondent/plaintiff which…

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