- (1.) THIS appeal has been preferred by the appellant -Food Corporation of India against the judgment and order passed by the Subordinate Judge -I, Palamau at Daltonganj in Misc. Case no.1/2003 by which the award passed by the Arbitrator for a sum of Rs.2,68,235/ - was upheld in view of an order passed on consent given by the appellant -Food Corporation of India. To explain the controversy it may be relevant to state the essential details which indicate that after the Arbitrator passed an award in favour of the respondents for a sum of Rs.2,68,235/ -, a Miscellaneous case was filed by the applicant -appellant herein, Food Corporation of India for setting aside the arbitral award dated 22.10.2002 passed by the sole Arbitrator wherein it was also prayed to remand the matter to the Arbitrator for allowing the counter claim of the applicant -appellant, Food Corporation of India. The case of the appellant -Food Corporation of India is to the effect that it had appointed the respondent -claimant as a handling and transportation contractor at 195% "above schedule of Rate" for a period of two years which was accepted by the respondent -claimant. This was pursuant to a tender notice dated 28.09.1996 after which the contract was executed but on account of a dispute between the parties regarding the claim of payment raised by the respondent -contractor, the matter was referred to the Arbitrator and the Arbitrator after adjudication of the dispute between the parties was pleased to pass an award for a sum of Rs.2,68,235/ - and interest of Rs.91,486/ -which was held payable to the respondent. However, the appellant -Food Corporation of India feeling aggrieved with the award passed by the Arbitrator filed objections before the Subordinate Judge which was registered as Misc. Case no.2/2003 and the learned Subordinate Judge on hearing the contesting parties, was pleased to finally dispose of the matter in the following manner: "After thorough discussion, the HTC agreed to reduce his claim for interest as awarded by the learned Arbitrator to the tune of 51% of the total interest on Rs.2,58,235/ - with effect from 28.12.1997 to 21.03.2005. As per award the respondents have to pay to the HTC amounting to Rs.2,58,235/ - as awarded amount with interest @ 10% p.a. since 28.12.1997 to 21.03.2005 which comes to Rs.1,86,707/ - . Sri Anil Kumar Prasad Agarwal, Ex -HTC has agreed to accept the awarded amount of Rs.2,58,235/ - and interest of Rs.91,486/ - i.e. 49% of the total interest accrued through this out of court settlement. Both the parties have agreed to settle the issue out of the court accordingly, both parties will approach before this Court through their respective Advocates to withdraw the case. The amount has been paid and the same has been accepted by the O.P./tenant. Now nothing is left and I find that there is no ground for setting aside the arbitral award. There is no material that award is against the public policy according to Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996. The award has been fully satisfied by the F.C.I. in view of the settlement made in the meeting held between the officers of the F.C.I. and the O.P./Claimant on 31.03.2005 and this court has no further material and this court is not an appellate court to pursue and take evidence on the material. Therefore, I find that the Arbitrator has considered all the aspects of the applicant /respondent which has been re -agitated here without any further merit." Consequently the Misc. Case was rejected by the Subordinate Judge -I Palamau at Daltonganj by order dated 14.05.2008. Inspite of the aforesaid order passed by the Subordinate Judge with consent of the contesting parties, this appeal has been preferred by the appellant -Food Corporation of India in support of which the counsel submitted that the impugned order although indicates that it was based on a consent of the parties, yet the same is not correct as a petition signed by both the parties had not been filed before the Court. It is for this reason that the counsel for the appellant attempted to justify, filing of this appeal by the appellant clearly missing that if at all the submission of the appellant -Food Corporation of India is correct to the effect that the order passed by the court below was not based on any consent given by the F.C.I, through its Officers the same ought to have been assailed before the same forum before the order was put to execution. But the appellant -Food Corporation of India has not taken any steps to that effect and for the first time at the stage of appeal it is sought to be contended that the order passed by the Subordinate Judge is erroneous and the consent which is alleged to have been given by the appellant -F.C.I which is reflected in the impugned order, was not a free consent. The same being a question of fact which had not been raised before the court below, cannot be entertained straightway at the stage of appeal in absence of any challenge to the same before the appropriate forum. The appeal thus is devoid of merit and hence it is dismissed at the admission stage itself. ;