By consent the main writ petition is taken up for disposal. The prayer in the writ petition is to issue of writ of certiorarified mandamus to quash the certificate of incorporation dated 24.10.2008 issued by the third respondent for registration of Accura Electrodes India Private Limited Company, with address at 33, Nehru Street, Thottapalayam Road, Chinniampalayam Post, Coimbatore-641 062, and to direct the second respondent to forward to the first respondent for passing orders on the application under Section 22 of the Companies Act dated 29.08.2008.

2. Facts:-

M/s.Accura Weldrods, hereinafter referred to as the firm, was a registered partnership firm, which came into being pursuant to a deed of partnership dated 10.04.2000 and the respondents 4 and 5 were its partners. The firm was reconstituted by a deed dated 14.05.2003, by which the petitioner was admitted as one of the partners and the fifth respondent retired from the partnership firm. Pursuant to a deed of retirement dated 22.06.2008, the fourth respondent retired from the firm and the partnership was reconstituted by a deed of reconstitution dated 22.06.2008, consisting of the petitioner and his wife Tmt. G.Kar